AMERICAN SECURITY & TRUST CO. v. FROST

No. 7481.

117 F.2d 283 (1940)

AMERICAN SECURITY & TRUST CO. et al. v. FROST et al.

United States Court of Appeals for the District of Columbia.

Decided November 25, 1940.

Petition for Rehearing Denied December 16, 1940.


Attorney(s) appearing for the Case

Frederic D. McKenney, John S. Flannery, G. Bowdoin Craighill, and John E. Larson, all of Washington, D. C., for appellant.

John A. Kratz, Norman B. Frost, Frederic N. Towers, Conrad H. Syme, and James C. Wilkes, all of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and STEPHENS and RUTLEDGE, Associate Justices.


GRONER, C. J.

The appeal is from a decree of the District Court construing a will and ordering distribution of certain proceeds of testatrix' estate as "income" to the life beneficiaries of a residuary trust rather than as principal to be added to the corpus.

The will, executed December 30, 1935, is that of Mary Harlan Lincoln, who died March 31, 1937, leaving two daughters, two grandsons, and one granddaughter. After various specific provisions, the will...

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