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ELLERY v. WASHINGTON LOAN & TRUST CO.

No. 7426.

113 F.2d 525 (1940)

ELLERY et al. v. WASHINGTON LOAN & TRUST CO. et al.

United States Court of Appeals for the District of Columbia.

Decided June 24, 1940.

Attorney(s) appearing for the Case

George C. Gertman and David A. Hart, both of Washington, D. C., for appellants.

James C. Wilkes, James E. Artis, Arthur Peter, Arthur C. Keefer, and Nita S. Hinman, all of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.

MILLER, Associate Justice.

The testatrix, Paulina Rocca, a resident of the District of Columbia, died on September 4, 1907. Prior to her death she made an advancement to one of her daughters, Mary Hall, in the amount of $9500. In her will she devised and bequeathed all her estate, except $500, to be held in trust. Concerning the advancement theretofore made to Mary, the will provides: "* * * And whereas I have heretofore at the request of my daughter Mary Hall advanced...

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