Citations
- 68 F.2d 916
Full opinion text
MANTON, Circuit Judge.
These actions, tried together before a court without a jury, will he considered in one opinion. The actions are by the trustee under two deeds of trust made by William Waldorf Astor, in his lifetime, to recover from the appellant the estate taxes paid to appellant as a result of the inclusion of the corpus of the trusts in the estate of Astor after his death. The tax was levied on two irrevocable trusts of realty in the United States, executed Augnst .15,1919, by Astor, a British subject and resident, who died October 18, 1919, at the age of 71 years. The property consisted of all the donor’s realty in the United States, with the exception .of certain cemetery lots. Each trust deed conveyed an undivided half of the settlor’s real estate in trust, to pay the settlor a tax free annuity of $150,000 for life out of the income, or the corpus if necessary, the remaining income to a named son for life; then the corp