BOARD OF NATIONAL MISSIONS v. SMITH

No. 10040.

182 F.2d 362 (1950)

BOARD OF NATIONAL MISSIONS OF PRESBYTERIAN CHURCH IN THE UNITED STATES v. SMITH.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 21, 1950.


Attorney(s) appearing for the Case

Edward M. Burke, Chicago, Illinois, John Sebat, Danville, Illinois, Jones, Sebat, Stipp & Swanson, Danville, Illinois, Loesch, Scofield & Burke, Chicago, Illinois, for appellant.

W. M. Acton, Harvey H. Acton, Danville, Illinois, Acton, Acton, Baldwin & Bookwalter, Donald S. Baldwin, Danville, Illinois, for defendant-appellee.

Before FINNEGAN and SWAIM, Circuit Judges, and BRIGGLE, District Judge.


SWAIM, Circuit Judge.

This is an appeal from a summary judgment dismissing plaintiff-appellant's complaint as to defendant-appellee, Nathaniel C. Smith.

The plaintiff claims that under the ninth paragraph of the will of W. C. Rankin, deceased, it has a remainder interest in an undivided one-half of real property which was "the home of" the testator, W. C. Rankin.

The Rankin will was executed July 19, 1928. On August 18, 1932, W. C. Rankin and his wife...

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