United States Court of Appeals District of Columbia Circuithttps://leagle.com/images/logo.png
Argued February 6, 1950.
Decided March 20, 1950.
Attorney(s) appearing for the Case
Mr. Harrison F. Durand, New York City, of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. John H. Connaughton, Washington, D. C., was on the brief, for appellants.
Mr. Fontaine C. Bradley, Washington, D. C., with whom Mr. H. Marshall Peter, Washington, D. C., was on the brief, for appellees the Children's Seashore House for Invalid Children and Seamen's Church Institute of Philadelphia.
Mr. John M. Lynham, Washington, D. C., with whom Messrs. Arthur P. Drury and John E. Powell, Washington, D. C., were on the brief, for appellee Trustee of the Masonic Hall and Asylum Fund, a corporation.
Mr. A. Leckie Cox, Washington, D. C., with whom Mr. Louis M. Denit, Washington, D. C., was on the brief, for appellees Lord William Beresford and The Marchioness of Waterford, Executors and Trustees of the Estate of Lord William Beresford, deceased, the Protestant Episcopal Church at Stradbally, "Woodhouse" Estate and Charles de la Poer Beresford.
Messrs. Frederick M. Bradley, and Roger M. Stuart, Jr., Washington, D. C., entered appearances for Charles Hill Jones and Washington Loan & Trust Co., executors.
Before PRETTYMAN, FAHY and WASHINGTON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit
FAHY, Circuit Judge.
This is an appeal from a judgment of the United States District Court for the District of Columbia instructing the executors of the will and codicils of the late Helen M. B. Rutherfoord. The executors do not participate in the appeal. It is before us at the instance of the next of kin of testatrix, who are opposed by certain residuary legatees and, on one question, by the executors and trustees of a legatee who predeceased testatrix.
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