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FINDLAY v. FLORIDA EAST COAST RY. CO.

No. 758.

3 F.Supp. 393 (1933)

FINDLAY v. FLORIDA EAST COAST RY. CO. et al.

District Court, S. D. Florida, Jacksonville Division.

April 29, 1933.

Attorney(s) appearing for the Case

Marks, Marks, Holt, Gray & Yates, of Jacksonville, Fla., for plaintiff.

White & Case, of New York City, and Knight, Adair, Cooper & Osborne, of Jacksonville, Fla., for defendants Bankers' Trust Co. and Bethune W. Jones.

Root, Clark & Buckner, of New York City, and L'Engle & Shands, of Jacksonville, Fla., for defendants Kenan & Haines.

STRUM, District Judge.

This is a suit in equity, the purpose of which is to procure a construction by this court of item No. 9 of the will of Mary Lilly (Flagler) Bingham, deceased, and to compel the application of the residuary trust fund created by said will, hereinafter mentioned, in financial aid of Florida East Coast Railway Company for the benefit of its creditors.

The bill of complaint, in effect, alleges that, upon the death in 1913 of Henry M. Flagler...

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