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CLEVELAND CLINIC FOUNDATION v. HUMPHRYS

No. 7694.

97 F.2d 849 (1938)

CLEVELAND CLINIC FOUNDATION et al. v. HUMPHRYS et al.

Circuit Court of Appeals, Sixth Circuit.

July 2, 1938.

Attorney(s) appearing for the Case

John D. Fackler, Howard F. Burns, and John Adams, all of Cleveland, Ohio (Newton D. Baker, Howard F. Burns, Baker, Hostetler, Sidlo & Patterson, John D. Fackler, Trafton M. Dye, and Fackler & Dye, all of Cleveland, Ohio, on the brief), for appellants.

Thomas B. Gilchrist and Edward Abbe Niles, both of New York City (Day, Young & Veach, of Cleveland, Ohio, Cadwalader, Wickersham & Taft and Thomas B. Gilchrist, all of New York City, Luther Day, and George B. Young, both of Cleveland, Ohio, and Edward A. Niles and Arthur H. Barker, both of New York City, on the brief), for appellees.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Appellants and appellee, the Central National Bank of Cleveland, Trustee, were defendants below and appellee, Ethel Tod Humphrys, was plaintiff, and they will thus be referred to in this opinion.

This controversy relates to an equitable claim of the plaintiff against a trust created by her for the benefit of her daughter, Sarah Tod McBride and to the ownership and control of income arising from a trust created by the will of J. H....

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