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COX v. RUSLING

No. 5879.

86 F.2d 236 (1936)

COX v. RUSLING.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 9, 1936.

Attorney(s) appearing for the Case

Wm. M. & Thomas R. Clevenger, of Atlantic City, N. J., for appellant.

Backes & Backes and Peter Backes, all of Trenton, N. J., for appellee.

Before DAVIS and THOMPSON, Circuit Judges, and DICKINSON, District Judge.

DAVIS, Circuit Judge.

This is an appeal from an order of the District Court dismissing the appellant's bill of complaint.

Gershom Rusling died on February 5, 1881, leaving two sons, William Henry Rusling and James F. Rusling, and a granddaughter, Eliza R. Bray, who is known in this case as Eliza B. Cox. In the fourth paragraph of the will of Gershom Rusling a trust was created in the following words: "Fourth. I give and bequeath to my executors the sum of...

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