BROWNE v. BROOKE

No. 12792.

236 F.2d 686 (1956)

Francis S. BROWNE, Appellant, v. W. Carroll BROOKE, Emma Smallzel Wacker, and Eleanor N. Jenkins, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 14, 1956.

Petition for Rehearing Denied July 16, 1956.


Attorney(s) appearing for the Case

Mr. Charles H. Quimby, Washington, D. C., for appellant.

Mr. Louis M. Denit, Washington, D. C., with whom Messrs. Thomas S. Jackson, Martin R. Fain and Richard A. Bishop, Washington, D. C., were on the brief, for appellees.

Before BAZELON, FAHY and DANAHER, Circuit Judges.


Petition for Rehearing In Banc Denied July 16, 1956.

FAHY, Circuit Judge.

In the District Court a trial was had before a jury on issues framed as to the validity of an instrument dated November 13, 1952, offered by Francis S. Browne, appellant, as the last will and testament of Mildred Nyman, deceased. A caveat had been filed by W. Carroll Brooke, an appellee, cousin of the decedent and a devisee and legatee named in an earlier will. Eleanor N. Jenkins, niece...

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