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PARKER v. MACBRYDE

Nos. 4997, 5019.

132 F.2d 932 (1942)

PARKER et al. v. MACBRYDE et al. DAVIDGE v. SAME.

Circuit Court of Appeals, Fourth Circuit.

December 30, 1942.

Attorney(s) appearing for the Case

Frederick W. Brune and Edwin F. A. Morgan, both of Baltimore, Md. (Semmes, Bowen & Semmes, of Baltimore, Md., on the brief), for appellants in No. 4997.

Eben J. D. Cross, of Baltimore, Md., for appellants in No. 5019.

James Morfit Mullen and R. Contee Rose, both of Baltimore, Md., for appellees in both cases.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

The validity of the exercise of a power of appointment under a will is the subject matter of these cases. Mary Donaldson, the testatrix and donor of the power of appointment, died in Baltimore on May 20, 1920, leaving a will dated March 20, 1917, duly probated, which, so far as material here, provided as follows: "Second. To my niece, Sara J. Parker, I give and bequeath the sum of Five Thousand Dollars ($5,000) absolutely; and the additional...

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