MACGOWAN v. BARBER

No. 225.

127 F.2d 458 (1942)

MacGOWAN v. BARBER et al.

Circuit Court of Appeals, Second Circuit.

April 14, 1942.


Attorney(s) appearing for the Case

Fenton, Wing & Morse, of Rutland, Vt., Collins M. Graves, of Bennington, Vt., and Jack Lewis Kraus, II, of New York City (Collins M. Graves, of Bennington, Vt., Jack Lewis Kraus, II, of New York City, John D. Carbine, of Rutland, Vt., and Harry B. Kurzrok and Arthur A. Lunin, both of New York City, of counsel), for plaintiff-appellee.

Lawrence & O'Brien, of Rutland, Vt., for defendants Norton Barber and Frank C. Hagyard, executors of the will of John W. Taylor; Bennington College; Warren City Hospital, City of Warren, Ohio; Young Women's Christian Association; William Earl Clark and Laura Tyler Goodrich, Norton Barber, pro se.

Edward H. Holden, of Bennington, Vt., for Vincent Ravi-Booth.

Leonard W. Morrison, of Bennington, Vt., for Town of Bennington.

Clark, Carr & Ellis, of New York City, and Waldo C. Holden, of Bennington, Vt. (George Adams Ellis and Paul A. Crouch, both of New York City, of counsel), for appellant First Congregational Church of Old Bennington.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The plaintiff, the adopted daughter of John Warren Taylor, late of Bennington, Vermont, having been disinherited by his last will and testament and having unsuccessfully contested the probate of that instrument by which both real estate and personal property in Vermont and elsewhere were left to named beneficiaries, brought her bill in equity in the District Court for the District of Vermont against the executors and beneficiaries under the will...

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