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LANSTON v. SCHWARTZ

No. 9831.

174 F.2d 31 (1949)

LANSTON v. SCHWARTZ.

United States Court of Appeals District of Columbia Circuit.

February 28, 1949.

Attorney(s) appearing for the Case

Mark P. Friedlander, of Washington, D. C. (Leroy A. Brill, of Washington, D.C., on the brief), for appellant.

Martin Popper, of Washington, D.C., for appellee.

Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Circuit Judges.

PRETTYMAN, Circuit Judge.

Appellant filed a caveat to the probate of the will of Aubrey Lanston, deceased. Pursuant to the rules of court,1 issues were framed, with her concurrence, upon the caveat, for trial. Four issues were thus framed: (1) Was the writing the will of Aubrey Lanston? (2) Was the writing executed in due form? (3) Was the execution of the paper obtained by fraud? (4) Was it obtained by undue influence? Hearing was had...

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