U.S. Court of Appeals for the Federal Circuit, 1985

Wilmington Trust Co. v. United States

U.S. Court of Appeals for the Federal Circuit · Decided January 30, 1985 · Bissell

753 F.2d 1055 (Federal Reporter, Second Series)

Counsel

Lisa Prager, Dept. of Justice, Washington, D.C., for appellant. With him on brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and David English Carmack, Washington, D.C., Charles A. Crocker, Baker & Botts, Houston, Tex., for appellee.

Cases that cite this one

1 later published case cites this decision.

Timothy L. Sharma v. Lisa C. Routh (Tex. App. 2009)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

BISSELL, Circuit Judge:

This is an appeal from a judgment of the United States Claims Court. We agree with the Claims Court decision that, under *1056the law of Texas, income derived during marriage from certain trusts, the corpus of which the income beneficiary had no right to nor control over, constituted the separate property of the income beneficiary and no part thereof was includible in the estate of the decedent spouse of the income beneficiary. Accordingly, the judgment appealed from is affirmed on the basis of the opinion filed by the United States Claims Court. Wilmington Trust Co. v. United States, 4 Cl.Ct. 6 (1983).

AFFIRMED.

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