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                            FACTS
 
            The Trustees, under the Will of the late President
Roosevelt, have petitioned this Court for a Judicial
Settlement of their Intermediate Account as Trustees for
the period September 1, 1947 to date. They also seek
clarification of their rights and duties with respect to
prosecuting any possible rights of the Estate under Section
421 and 939 of the Internal Revenue Code,  which extends
certain tax benefits to persons dying while in the active
service or members of the military or naval forces of the
United States.
 
             The relief prayed for in the petition herein, is as follows:
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             1. The Court approve, authorize and direct the abandonment
of any and all claims of the estate, based upon Section 939
of the Internal Revenue Code relating to refund of estate
taxes and that the petitioners individually and in their
capacity as Executors and Trustees be relieved, released
and forever discharged from any responsibility, liability
or accountability with respect to said claims of the
prosecution thereof in any manner whatsoever and;
 
             2. The Court determine, adjudicate and direct with respect
to any and all claims of the estate herein based upon
Section 421 of the Internal Revenue Code relating to refund
of taxes,
 
             a) that said claim be prosecuted to find adjudication by
appropriate proceedings
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