On Motion to Dismiss.
KERRIGAN, District Judge.
This is a bill to declare a resulting trust in certain property, the residue of an estate which in an earlier decision of this court was held to have been charged with a trust in favor of certain beneficiaries, affirmed in Roberts v. Taylor (C. C. A.) 300 F. 257. Defendant has interposed a motion to dismiss, on the grounds (1) that, under the terms of the declaration of trust set out in the bill, he is absolute...
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