SMITH v. SHELTON

No. 12122.

217 F.2d 22 (1954)

Ann Bowie SMITH, Appellant, v. William C. SHELTON et al., Executors of the Estate of Eleanor Patterson, Deceased, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 19, 1954.


Attorney(s) appearing for the Case

Mr. J. Edward Burroughs, Jr., Washington, D. C., with whom Mr. George C. Pendleton, Washington, was on the brief, for appellant.

Mr. Benjamin W. Dulany, Washington, D. C., with whom Mr. Edmund D. Campbell, Washington, D. C., was on the brief, for appellees.

Before WILBUR K. MILLER, PRETTYMAN and DANAHER, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

In 1931 Eleanor Patterson purchased "Dower House," an estate of approximately 532 acres in Prince George's County, Maryland. She died July 24, 1948, leaving a writing dated June 21, 1946, which was admitted to probate as her last will and testament. Article Fifth of the will is as follows:

"Fifth: I give, devise and bequeath to my friend, Ann Bowie Smith, of Melwood, Marlboro, Maryland, the wife of Edward James Smith, my estate...

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