IN RE GRAY'S ESTATE

No. 4924.

66 F.2d 367 (1933)

In re GRAY'S ESTATE. OLD NAT. BANK OF EVANSVILLE v. UNION TRUST CO. OF INDIAN-APOLIS et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied October 4, 1933.


Attorney(s) appearing for the Case

John D. T. Bold, of Evansville, Ind., for appellant.

Albert Ward and Fred E. Shick, both of Indianapolis, Ind., for appellees.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


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

We are first met with the contention on the part of appellant that the district court in issuing its instructions to the co-trustees was without jurisdiction of the subject matter. It is not contended by appellees that the trustees' petition for instructions of the court, with the answers thereto, standing alone constitute a controversy contemplated by section 24 (1) (b) of the Judicial Code, 28 USCA §...

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