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MALONEY v. FOUNDRY METHODIST EPISCOPAL CHURCH

No. 8496.

139 F.2d 388 (1943)

MALONEY v. FOUNDRY METHODIST EPISCOPAL CHURCH et al.

United States Court of Appeals, District of Columbia.

Decided December 27, 1943.

Attorney(s) appearing for the Case

Mr. Robert F. Cogswell, of Washington, D. C., with whom Mr. Edmund D. Campbell, of Washington, D. C., was on the brief, for appellant.

No appearance for appellees.

Mr. Victor S. Mersch, of Washington, D. C., Register of Wills for the District of Columbia, at the request of the Court, filed a brief as amicus curiae.

Before MILLER, EDGERTON, and ARNOLD, Associate Justices.

ARNOLD, Associate Justice.

Appellant is the executor under the will of Annie W. Chieves. More than a year after the probate of the will he filed his first account in which he claimed a commission as executor of $2,843.41, amounting to five per cent of the principal assets converted to cash. After notice to all persons whose interests might be affected the account was set for hearing. No objection was made to the executor's commissions. After testimony had been taken...

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