KIMBERLAND v. KIMBERLAND

No. 11554.

204 F.2d 38 (1953)

KIMBERLAND v. KIMBERLAND.

United States Court of Appeals District of Columbia Circuit.

Decided March 19, 1953.


Attorney(s) appearing for the Case

Mr. Robert H. McNeill, Washington, D. C., for appellant.

Mr. James Cunningham Rogers, Washington, D. C., for appellee.

Before EDGERTON, PRETTYMAN, and FAHY, Circuit Judges.


PER CURIAM.

Appellant was the husband and appellee the son of Mary A. G. Kimberland, who died March 4, 1952. Her purported will, dated July 1935, left her entire estate to appellee. The estate included no real property in the District of Columbia.

Appellee offered the will for probate. Appellant filed a caveat alleging incapacity of the testatrix and also fraud and undue influence of a third person. Appellee moved to dismiss the caveat on the ground that appellant...

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