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GREDIG v. STERLING

No. 5845.

47 F.2d 832 (1931)

GREDIG et al. v. STERLING et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 18, 1931.

Attorney(s) appearing for the Case

Kirby Fitzpatrick, of Houston, Tex., James A. Reed, of Kansas City, Mo., and John J. Sargent, of Houston, Tex., for appellants.

Jno. G. Logue, Champ Ross, Chas. B. Wood, and Sam Neathery, all of Houston, Tex. (Ross, Wood, Lawler & Wood, Andrews, Streetman, Logue & Mobley, and J. W. Lockett, all of Houston, Tex., on the brief), for appellees.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

Appellants, as heirs at law of George H. Hermann, filed a bill in equity to forfeit two certain devises and bequests in trust contained in Hermann's will, one of property to trustees for the establishment and maintenance of a public charity hospital, and the other to the city of Houston for a public park. The bill prayed that appellants be decreed to be the equitable owners of the property so devised and bequeathed, that appellees, the hospital...

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