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IN RE WHITNEY

No. 385.

113 F.2d 426 (1940)

In re WHITNEY et al. LORENZ v. MORGAN et al.

Circuit Court of Appeals, Second Circuit.

July 15, 1940.

Attorney(s) appearing for the Case

Maclay, Lyeth & Williams, of New York City (Charles Dickerman Williams, of New York City, of counsel), for appellants.

Mudge, Stern, Williams & Tucker, of New York City (George L. Trumbull and Randolph H. Guthrie, both of New York City, of counsel), for appellee.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

On March 8, 1938, the above-named bankrupts, among whom was Edwin D. Morgan, Jr., filed a voluntary petition in bankruptcy and on the same day they were adjudicated bankrupts individually and as copartners, and Joseph Lorenz was appointed receiver and on April 19, 1938, was appointed trustee in bankruptcy. On November 2, 1933, Edwin D. Morgan, Jr., created a trust with the Fiduciary Trust Company as trustee whereby he transferred to...

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