SCOTT v. POWELL

Nos. 10174-10178.

182 F.2d 75 (1950)

SCOTT et al. v. POWELL et al., and four other cases.

United States Court of Appeals District of Columbia Circuit.

Decided March 22, 1950.


Attorney(s) appearing for the Case

Mr. Frederick A. Ballard, Washington, D. C., with whom Messrs. H. Cecil Kilpatrick and Charles A. Webb, Washington, D. C., were on the brief, for appellants Chelly Burney Boykin, et al.

Mr. John Geyer Tausig, Washington, D. C., with whom Mr. Henry F. Butler, Washington, D. C., was on the brief, for appellant Lillian Garnett Brand. Mr. Fred J. Rice, Washington, D. C., entered an appearance for appellant Lillian Garnett Brand.

Messrs. Henry H. Glassie and Thomas M. Cooley, II, Washington, D. C., with whom Mr. Christopher B. Garnett, Washington, D. C., was on the brief, for appellees Scota Boykin Powell, et al.

Messrs. John E. Larson and Llewellyn C. Thomas, Washington, D. C., entered appearances for appellee American Security & Trust Co.

Mr. Merle Thorpe, Jr., Washington, D. C., with whom Mr. James C. Rogers, Washington, D. C., was on the brief, for appellants Frank Kernochan Scott, et al.

Mr. Thomas H. Patterson, Washington, D. C., for appellants Thomas Stuart Garnett, et al.

Mr. Spencer Gordon, Washington, D. C., with whom Mr. Fred J. Rice, Washington, D. C., was on the brief, for appellant Rose Kirkpatrick Howat Garnett.

Before PRETTYMAN, FAHY and BAZELON, Circuit Judges.


PRETTYMAN, Circuit Judge.

The trustee under the will of Alice Evelyn Garnett brought a civil action in the District Court of the United States for the District of Columbia for construction of the will. From judgment in that action five appeals were taken.

Mrs. Garnett reserved from the general provisions of her will certain real estate in the District of Columbia. She devised this real estate to a trustee, directing it to divide the net income arising therefrom...

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