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KOEBIG v. SOUTH CAROLINA NATIONAL BANK OF CHARLESTON

No. 6885.

217 F.2d 713 (1954)

Helen Foster KOEBIG, by her Guardian ad Litem, W. Blair Foster, Appellant, v. The SOUTH CAROLINA NATIONAL BANK OF CHARLESTON, as Trustee, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 15, 1954.

Attorney(s) appearing for the Case

Herbert W. Clark, San Francisco, Cal. (Hagood, Rivers & Young, G. L. B. Rivers, A. Baron Holmes, III, Charleston, S. C., J. W. McCrystle, A. L. Gibson, Morrison, Hohfeld, Foerster, Shuman & Clark, San Francisco, Cal., on the brief), for appellant.

Augustine T. Smythe, Sr., Augustine T. Smythe, Jr., Charleston, S. C. (Mitchell & Horlbeck, Smythe & Smythe, Charleston, S. C., on the brief), for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.

PER CURIAM.

This is an appeal from a judgment for defendant in an action to set aside and declare void a trust indenture on the grounds of mental incapacity and undue influence. The case was heard under Rule 39(c) of the Rules of Civil Procedure, 28 U.S.C.A., before an advisory jury which returned a verdict for defendant on both issues. The trial judge denied motions for a directed verdict for plaintiff and for judgment for plaintiff notwithstanding the verdict and...

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