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CARNAHAN v. PEABODY

31 F.2d 311 (1929)

CARNAHAN et al. v. PEABODY et al.

District Court, S. D. New York.

March 7, 1929.

Attorney(s) appearing for the Case

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

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

Originally plaintiffs sued as members and representatives of a class composed of all the heirs and descendants of Valentine and Christopher Emerick, asserting the right to an accounting from the defendants of property alleged to have been held by John Jacob Astor, Sr., deceased, under trusts declared by John Nicholas Emerick in favor of the descendants of his two...

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