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SMITH v. SWEETSER

Nos. 3759, 3788.

19 F.2d 974 (1927)

SMITH et al. v. SWEETSER et al. SWEETSER et al. v. SMITH et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 16, 1927.

Attorney(s) appearing for the Case

Wm. H. Thompson, of Indianapolis, Ind., for appellants.

M. F. Gallagher, of Chicago, Ill., and Samuel Ashby and E. W. Johnson, both of Indianapolis, Ind., for appellees.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

ALSCHULER, Circuit Judge (after stating the facts as above).

The single issue raised by appeal 3788 is whether, under clause 17 of James' will, the bequest to George of the residue of the personal property became vested in George on James' death; for, if it did not, then, upon George predeceasing James' widow, the bequest would lapse, and pass as intestate estate to James' widow, as his sole heir at law. The District Court held that the bequest to George vested, and...

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