NOEL v. OLDS

Nos. 8352-8355.

138 F.2d 581 (1943)

NOEL et al. v. OLDS et al. ROLLINS COLLEGE v. NOEL et al. OLDS et al. v. SAME. UNIVERSITY OF NORTH CAROLINA v. SAME.

United States Court of Appeals for the District of Columbia.

Decided October 11, 1943.


Attorney(s) appearing for the Case

Mr. Austin W. Scott, of Cambridge, Mass., of the Bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Messrs. Arthur J. Phelan and James C. Rogers, both of Washington, D. C., were on the brief, for appellants in No. 8352.

Mr. William D. Donnelly, of Washington, D. C., with whom Messrs. Homer Cummings, William Stanley, and J. Edward Burroughs, Jr., all of Washington, D. C., were on the brief, for appellant in No. 8353.

Mr. John E. Larson, of Washington, D. C., with whom Messrs. Frederic D. McKenney, John S. Flannery, G. Bowdoin Craighill, and Llewellyn C. Thomas, all of Washington, D. C., were on the brief, for appellants in No. 8354.

Mr. O. Max Gardner, of Washington, D. C., with whom Mr. Thomas J. Beddow, of Washington, D.C., was on the brief, for appellant in No. 8355. Mr. Ward E. Lattin, of Washington, D. C., also entered an appearance for appellant in No. 8355.

Mr. John E. Larson, of Washington, D. C., with whom Messrs. Frederic D. McKenney, John S. Flannery, G. Bowdoin Craighill, and Llewellyn C. Thomas, all of Washington, D. C., were on the brief, for Edson B. Olds, Jr., and American Security and Trust Company, Executors and Trustees, appellees in No. 8352.

Mr. William D. Donnelly, of Washington, D. C., with whom Messrs. Homer Cummings and J. Edward Burroughs, Jr., both of Washington, D. C., were on the brief, for appellee Rollins College in No. 8352.

Mr. Austin W. Scott, of Cambridge, Mass., of the Bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Messrs. Arthur J. Phelan and James C. Rogers, both of Washington, D. C., were on the brief, for appellees Noel, Brown, Landis and Acklen in Nos. 8353, 8354 and 8355.

Mr. John E. Larson, of Washington, D. C., with whom Messrs. Frederic D. McKenney, John S. Flannery, G. Bowdoin Craighill, and Llewellyn C. Thomas, all of Washington, D. C., were on the brief, for Edson B. Olds, Jr., and American Security and Trust Company, Executors and Trustees, appellees in No. 8355.

Mr. Walter M. Bastian, of Washington, D. C., filed a brief on behalf of appellee Pauline Lockett Kaiser in Nos. 8352, 8353, 8354 and 8355.

Mr. James Craig Peacock, of Washington, D. C., entered an appearance for appellees Frank Kaiser and Pauline Hyatt Kaiser Everett in No. 8352.

Before GRONER, Chief Justice, and MILLER, Associate Justice, and EICHER, Chief Justice of the District Court of the United States for the District of Columbia, sitting by designation.


MILLER, Associate Justice.

William Hayes Ackland was a citizen of the United States, domiciled in the District of Columbia. He owned property having a value well over a million dollars; including certain manuscripts and art objects which he valued highly. On May 4, 1936, Ackland executed his last will and testament; in which, among other things, he provided for the erection of a memorial building in the form of a gallery or museum, to house his treasures, upon the...

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