LYETH v. HOEY

No. 211.

96 F.2d 141 (1938)

LYETH v. HOEY, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

April 11, 1938.


Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (George B. Schoonmanker, of New York City, of counsel), for appellant.

Carter, Ledyard & Milburn, of New York City (J. M. Richardson Lyeth and Allin H. Pierce, both of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The plaintiff is a grandson of Mary Beecher Longyear, late of Brookline, Mass., who died on March 14, 1931. She disposed of all her property by a will which was duly presented for probate. Its allowance was, however, contested by her heirs who in accordance with the applicable law of Massachusetts moved in the probate court that jury issues be framed in order that the validity of the will might be determined by trial by jury. The motion was granted...

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