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CLARK v. TURNER

No. 10216.

183 F.2d 141 (1950)

CLARK v. TURNER et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1950.

Attorney(s) appearing for the Case

Mr. Henry Lincoln Johnson, Jr., Washington, D. C., with whom Mr. Curtis P. Mitchell, Washington, D. C., was on the brief, for appellant.

Mr. B. Dabney Fox, Washington, D. C., also entered an appearance for appellant.

Mr. Emory B. Smith, Washington, D. C., with whom Mr. Edmund Hill, Jr., Washington, D. C., was on the brief, for appellees.

Before PROCTOR, WASHINGTON and BAZELON, Circuit Judges.

WASHINGTON, Circuit Judge.

This case involves an effort to establish a lost will.

Phoebe Warfield, a resident of the District of Columbia, died in 1945, and letters of administration were granted to her half-sister. Some two years later, Samuel W. Clark filed a petition alleging that the deceased had left a will, which had become "either lost, misplaced or destroyed." A jury trial was had in the District Court. After hearing evidence offered by the petitioner...

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