FIDELITY-PHILADELPHIA TRUST CO. v. ROTHENSIES

No. 8291.

142 F.2d 838 (1944)

FIDELITY-PHILADELPHIA TRUST CO. et al. v. ROTHENSIES et al.

Circuit Court of Appeals, Third Circuit.

Decided May 15, 1944.


Attorney(s) appearing for the Case

C. Russell Phillips, of Philadelphia, Pa. (Montgomery, McCracken, Walker & Rhoads, of Philadelphia, Pa., on the brief), for appellants.

Carlton Fox, of Washington, D.C. (Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, J. Louis Monarch, Sp. Assts. to Atty. Gen., and Gerald A. Gleeson, U. S. Atty., and Thomas J. Curtin, Asst. U. S. Atty., both of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, MAGRUDER, and JONES, Circuit Judges.


BIGGS, Circuit Judge.

On March 26, 1928 Anna C. Stinson irrevocably transferred certain property to a trust which she created. Mrs. Stinson was the mother of two daughters who at that time were minors and unmarried. The indenture provided that the income from the trust was to be paid to the settlor during her lifetime1 and upon her death to her daughters, in equal shares during their respective lives. At the death of each daughter, the...

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