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CENTRAL HANOVER BANK & TRUST CO. v. UNITED STATES

No. 46003.

58 F.Supp. 565 (1945)

CENTRAL HANOVER BANK & TRUST CO. v. UNITED STATES.

Court of Claims.

February 5, 1945.

Attorney(s) appearing for the Case

Harold L. Herrick, of New York City (Huber B. Lewis, of New York City, on the brief), for plaintiff.

Elizabeth B. Davis, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

WHITAKER, Judge.

This case is before us on plaintiff's motion for a new trial. On the former hearing both at the bar and in their briefs both parties argued the case on the assumption that if Mrs. Johnson's three children died without issue before she did, the trust would fail and the property, therefore, would revert to her. We were accordingly of the opinion, since Mrs. Johnson must have known that, or was at least chargeable with that knowledge, that she must have...

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