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CARNAHAN v. PEABODY

29 F.2d 412 (1928)

CARNAHAN et al. v. PEABODY et al.

District Court, S. D. New York.

December 6, 1928.

Attorney(s) appearing for the Case

Evans, Hunt & Rees, of New York City, Calvin I. Hoy, of St. Louis, Mo., Evan B. Lewis, of Philadelphia, Pa., Joseph Renard, of St. Louis, Mo., and Charles W. Letzgus, of Camden, N. J., for plaintiffs.

Taylor, Blanc, Capron & Marsh, of New York City (George S. Mittendorf and Ramsey Clayton, both of New York City, of counsel), for defendants Charles A. Peabody and Farmers' Loan & Trust Co.

Carter, Ledyard & Milburn, of New York City (J. M. Richardson Lyeth and Leslie D. Dawson, both of New York City, of counsel), for defendant William Vincent Astor.

THACHER, District Judge (after stating the facts as above).

Both personally and as representatives of a class too numerous to be brought in, plaintiffs sue as heirs and descendants of Christopher and Valentine Emerick. They do not claim as heirs and next of kin of John Nicholas Emerick, nor does it appear who his heirs and next of kin were. To succeed, they must therefore trace their title through the trusts declared by John Nicholas Emerick during his lifetime, and...

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