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NEELY v. MERCHANTS TRUST CO. OF RED BANK, N. J.

No. 7282.

113 F.2d 953 (1940)

NEELY v. MERCHANTS TRUST CO. OF RED BANK, N. J., et al.

Circuit Court of Appeals, Third Circuit.

As Amended on Denial of Rehearing September 11, 1940.

Attorney(s) appearing for the Case

William A. Schnader, of Philadelphia, Pa., and Albert G. Avery and George Gordon Battle, both of New York City, for appellant.

Parsons, Labrecque & Borden, of Red Bank, N. J. (Theodore D. Parsons, of Red Bank, N. J., of counsel), for appellees.

Before BIGGS, MARIS, and JONES, Circuit Judges.

BIGGS, Circuit Judge.

The appellant, Frank Tennyson Neely, alleged in his bill of complaint and offered proof that he and Eliza A. S. Calef entered into an oral contract whereby, in consideration of services and financial aid rendered and to be rendered by the appellant to her, she would make a last will and testament naming the appellant as her residuary legatee and devisee. Mrs. Calef died without leaving a will admissible...

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