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WERNER v. FREDERICK

No. 6993.

94 F.2d 627 (1937)

WERNER v. FREDERICK et al.

United States Court of Appeals for the District of Columbia.

Decided December 13, 1937.

Attorney(s) appearing for the Case

E. Hilton Jackson, of Washington, D. C., for appellant.

Charles H. Quimby and Marcus Borchardt, both of Washington, D. C., for appellees.

By leave of Court George C. Gertman, of Washington, D. C., filed a brief as amicus curiæ.

Before GRONER, STEPHENS, and MILLER, Associate Justices.

STEPHENS, Associate Justice.

This is a special appeal from an order of the District Court of the United States for the District of Columbia, holding a probate court. The appeal questions the correctness of a preliminary issue framed for submission to a jury in a will contest.

As shown by the record, the facts are as follows: Gustav Werner, a citizen of the United States and a resident of the District of Columbia, died July 27, 1935. On July 30th of the same...

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