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GREENWOOD v. KING

No. 11952.

237 F.2d 194 (1956)

Spencer S. GREENWOOD, John M. Greenwood, Henry B. Greenwood, Lucille L. Maddox, and John E. Greenwood, Appellants, v. Joseph W. KING, Administrator of the Estate of Benjamin Greenwood, Deceased; William C. Davis, and Fidelity-Philadelphia Trust Company, Appellees.

United States Court of Appeals Third Circuit.

Decided October 4, 1956.

Attorney(s) appearing for the Case

George E. Beechwood, Philadelphia, Pa. (Miles Warner, John V. Lovitt, Philadelphia, Pa., on the brief; Beechwood & Lovitt, Philadelphia, Pa., of counsel), for appellants.

M. H. Goldstein, Philadelphia, Pa. (J. Arthur Ewing, Albert C. Brand, Bernard L. Barkan, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

PER CURIAM.

This case is before us for the third time. It is an action to set aside a trust deed on the grounds of undue influence and lack of capacity. The plaintiffs are a brother, niece and nephews of the deceased settlor. The defendants are another brother, nephew and the trust company administrator under the deed.

The suit was tried to the court sitting with an advisory jury. The district judge submitted certain...

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