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KELLEY v. LINCOLN NATIONAL BANK

No. 13133.

235 F.2d 23 (1956)

Harry KELLEY, Appellant, v. The LINCOLN NATIONAL BANK, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1956.

Attorney(s) appearing for the Case

Mr. Arthur J. Hilland, Washington, D. C., with whom Mr. Thomas N. Kindness, Washington, D. C., was on the brief, for appellant.

Mr. George L. Hart, Jr., Washington, D. C., with whom Mr. Arthur G. Lambert, Washington, D. C., was on the brief, for appellee.

Before EDGERTON, Chief Judge, and FAHY and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Elizabeth Moore Lyon Kelley, beneficiary of a testamentary trust under the will of her mother, was to receive trust income until age 28, at which time the trust was to terminate and she would then receive the principal. The trust provided:

(b) After making the division of my said trust estate hereinbefore directed, my said trustees shall hold one part thereof in trust for each of my children who may survive me, paying over the net income...

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