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MITCHELL v. OTTINGER

No. 6856.

105 F.2d 334 (1939)

MITCHELL et al. (ST. JOHN'S ORPHAN ASYLUM, Intervener). v. OTTINGER.

Circuit Court of Appeals, Third Circuit.

June 29, 1939.

Attorney(s) appearing for the Case

Walter B. Gibbons, of Philadelphia, Pa., for appellant St. John Orphan Asylum.

John Martin Doyle and Daniel C. Donoghue, both of Philadelphia, Pa., for appellants trustees.

Harry S. Abrams, of Philadelphia, Pa., for appellee.

Before BIGGS, CLARK, and BUFFINGTON, Circuit Judges.

BIGGS, Circuit Judge.

James Cleary died November 9, 1922. He left a will, duly admitted to probate, by which he appointed his widow, Marcella Cleary and two of the appellants, Mitchell and Doyle, as his executors and as trustees. By his will Cleary created a trust of his residuary estate. The net income from the trust was to be paid to his widow, Marcella Cleary, during her lifetime, and upon her death the corpus of the trust was to be sold and the proceeds were to...

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