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ROWE v. CUMMINGS

No. 10707.

191 F.2d 765 (1951)

ROWE v. CUMMINGS et al.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1951.

Attorney(s) appearing for the Case

Louis M. Denit, Washington, D. C., with whom A. Leckie Cox, Thomas S. Jackson and P. Baxter Davis, Washington, D. C., were on the brief, submitted on the brief for appellant. Louis Jongbloet, Washington, D. C., also entered an appearance for appellant.

D. C. Colladay, Washington, D. C., submitted on the brief for appellee Cummings.

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

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

PRETTYMAN, Circuit Judge.

This is a will case. The trustees under the will filed a civil action seeking construction of the will and instructions regarding distribution of income. The only persons having an interest in the matter, the daughter and a grandson of the testatrix, were defendants, and they filed answers to the petition. No issues of fact being tendered, summary judgment was entered instructing the trustees. The present appellant is the daughter, and appellee...

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