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SCHENCK v. GOING

No. 7237.

237 F.2d 251 (1956)

Helen M. SCHENCK and Edith S. French, as Executrices of the Estate of James S. Busselle, deceased, Appellants, v. Walter F. GOING, Jr., and Eleanor T. Going, individually and as Trustees under an alleged trust dated May 30, 1951; and V. F. W. Post No. 3137 as intervening party defendant, Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 11, 1956.

Attorney(s) appearing for the Case

Thomas E. McCutchen, Columbia, S. C. (Whaley & McCutchen, Columbia, S. C., on the brief), for appellants.

Charles B. Elliott, Columbia, S. C. (Fred D. Townsend, Columbia, S. C., on the brief), for appellees Walter F. Going, Jr., and Eleanor T. Going.

Luther M. Lee, Columbia, S. C., for appellee V. F. W. Post No. 3137.

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

PER CURIAM.

This is an appeal from a judgment for defendants in an action to set aside a trust indenture executed by one James S. Busselle, which was attacked on the grounds of mental incapacity, undue influence and revocation. The case was heard at length before a Special Master, appointed by the court, who found that Mr. Busselle was mentally capable of understanding and executing the trust indenture and that no fraud or undue influence was exercised upon him in...

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