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COSTELLO v. COSTELLO

No. 8874.

149 F.2d 379 (1945)

COSTELLO et al. v. COSTELLO et al.

United States Court of Appeals District of Columbia.

Decided April 9, 1945.

Attorney(s) appearing for the Case

Mr. Fred J. Rice, of Washington, D. C., for appellants.

Mr. Francis L. Neubeck, of Washington, D. C., with whom Messrs. John H. Neubeck and Frank J. Dugan, both of Washington, D. C., were on the brief, for appellees Timothy J. Costello, James R. Costello, Ella A. Costello, and Robert F. Costello.

Mr. John F. Hillyard, of Washington, D. C., for appellees Leo A. Costello, Helen Saied, Mary Birch, and Elizabeth Nolan.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

GRONER, C. J.

This is a suit for the partition and sale of certain real estate in the District of Columbia. The case turns upon the construction of a clause of the will of Katherine Connor, who died in the City of Washington October 12, 1941. Her will was executed June 6, 1936. By Item 2 she devised to her brother Jeremiah Costello, for and during the term of his natural life, certain real estate described as being in the District of Columbia. By Item 5 she provided...

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