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MILLARD v. MALONEY

No. 7643.

121 F.2d 257 (1941)

MILLARD v. MALONEY.

Circuit Court of Appeals, Third Circuit.

June 6, 1941.

Attorney(s) appearing for the Case

George W. C. McCarter, of Newark, N. J. (McCarter, English & Egner, of Newark, N. J., and Otto A. Hack, of New York City, on the brief), for appellant.

Michael H. Cardozo, 4th, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and James P. Garland, Sp. Assts. to Atty. Gen., and Charles M. Phillips, U. S. Atty., of Newark, N. J., on the brief), for appellee.

Before BIGGS, CLARK and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

Jay Gould II, the son of George J. Gould and the grandson of Jay Gould, upon October 19, 1922, executed a deed of trust wherein he conveyed to trustees his expectancy in his grandfather's estate and directed them to deliver his portion of the corpus of the trust fund created by his grandfather to his lawful descendants in such proportions as he should appoint in his last will and testament.1 Jay Gould by

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