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Civil Procedure Keyed to Cound
Orvis v. Higgins
Facts
In an action for refund of federal estate taxes, the Decedent husband and wife each set up a trust in which the other had a life interest. The pertinent question turned on whether the trusts were set up independently or by mutual agreement, each respectively having a different tax consequence. The Plaintiff asserted that the trusts were set up independently and the trial court judge found it so.
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