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FAY v. HUNSTER

No. 10188.

181 F.2d 289 (1950)

FAY, United States Attorney v. HUNSTER.

United States Court of Appeals District of Columbia Circuit.

Decided March 20, 1950.

Attorney(s) appearing for the Case

Mr. L. Clark Ewing, Assistant United States Attorney, Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, and Joseph M. Howard, Assistant United States Attorney, Washington, D. C., were on the brief, for appellant.

Mr. George E. C. Hayes, Washington, D. C., for appellee.

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

PROCTOR, Circuit Judge.

This case involves judicial cy pres. Salvadora Elizabeth Smith died leaving a will devising a house to Lottie Carpenter and the residue of her estate in trust to pay the income to her brother during his life. Then upon his death (which has occurred) the trustee was directed to sell and convert the real estate into cash and to "pay over all of the estate so accumulated to the Pastor of the Holy Redeemer Catholic Church, * * * on condition...

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