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SHEPHERD v. PERATINO

No. 10297.

182 F.2d 384 (1950)

SHEPHERD et al. v. PERATINO et al.

United States Court of Appeals District of Columbia Circuit.

Decided May 3, 1950.

Attorney(s) appearing for the Case

Mr. H. Cecil Kilpatrick, Washington, D. C., with whom Mr. Frederick A. Ballard, Washington, D. C., was on the brief, for appellants.

Mr. Walter M. Bastian, Washington, D. C., with whom Mr. Louis P. Maniatis, Washington, D. C., was on the brief, for appellee, Charlotte S. Peratino.

Messrs. Arthur P. Drury, John M. Lynham and John E. Powell, Washington, D. C., entered appearances for appellee, National Savings & Trust Co.

Before WILBUR K. MILLER, FAHY and BAZELON, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

When Azemia Shepherd executed her will on March 14, 1915, she had three living sons and one grandson, who was the child of a fourth son, then dead. The three sons, A. M. Shepherd, W. J. Shepherd and R. D. Shepherd, and the grandson, Henry, survived when Mrs. Shepherd died in October, 1915.

The second paragraph of the will, the pertinent portion of which is reproduced in the margin1 because it gave...

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