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WILLIAMS v. VIRGINIA MILITARY INSTITUTE

No. 11175.

198 F.2d 980 (1952)

WILLIAMS v. VIRGINIA MILITARY INSTITUTE et al.

United States Court of Appeals District of Columbia Circuit.

Decided July 31, 1952.

As Amended August 18, 1952.

Attorney(s) appearing for the Case

Clarence E. Martin, Jr., Martinsburg, W. Va., a member of the Bar of the Supreme Court of West Virginia, pro hac vice, by special leave of Court, with whom Austin F. Canfield and William T. Hannan, Washington, D. C., were on the brief, for appellant. Ralph F. Berlow, Washington, D. C., also entered an appearance for appellant.

Frederick T. Gray, Asst. Atty. Gen. of Virginia, a member of the Bar of the Supreme Court of Virginia, pro hac vice, by special leave of Court, and J. Lindsay Almond, Jr., Atty. Gen. of Virginia, a member of the Bar of the Supreme Court of Virginia, pro hac vice, by special leave of Court, with whom A. G. Nichols, Jr., and Stanton C. Peelle, Jr., Washington, D. C., were on the brief, for appellee.

John E. Larson, Washington, D. C., entered an appearance for the appellee American Security and Trust Company.

Before PROCTOR, FAHY and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

In this action for a declaratory judgment, plaintiff-appellant asks an adjudication that the Virginia Military Institute, named as a residuary legatee in the will of Mary E. Maxwell, is not capable of taking bequests under the law of Virginia, and that accordingly plaintiff-appellant (the next of kin) should take as upon an intestacy. Named as parties defendant were the executor, the State Treasurer of the State of Virginia, and the Institute...

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