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RUST v. RUST

No. 9997.

176 F.2d 66 (1949)

RUST et al. v. RUST.

United States Court of Appeals District of Columbia Circuit.

Decided June 27, 1949.

Attorney(s) appearing for the Case

Messrs. William P. MacCracken, Jr., Washington, D. C., and Raymond P. Baldwin, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Mr. Errett G. Smith, Washington, D.C., was on the brief, for appellants.

Mr. George E. Hamilton, Jr., Washington, D. C., with whom Mr. Henry R. Gower, Washington, D. C., was on the brief, for appellee.

Before EDGERTON and PROCTOR, Circuit Judges, and H. CHURCH FORD, District Judge sitting by designation.

EDGERTON, Circuit Judge.

This is a trustee's suit for instructions. Pursuant to an agreement between the settlor and his wife, the trust indenture was executed immediately after their divorce. It provides for payment to her of (a) $350 a month while she remains unmarried and (b) $150 a month while a daughter remains a minor and unmarried; any balance of income to be paid to the settlor; that the trust "shall continue during such period as is necessary to fully comply...

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