NEAL v. NEAL

No. 5589.

250 F.2d 885 (1957)

Leo Alan NEAL III, an infant by Kathryn Miller, his mother and his guardian; Kathryn Neal Miller, an individual; and Kathryn Neal Miller (same person as Kathryn Miller), Administratrix of the Estate of Leo Alan Neal II, deceased, Appellants, v. Frank Parkinson NEAL, as the Executor of the Estate of Helen Parkinson Neal, deceased; The Parkinson-Neal Motor Company, now known as the Day-Neal Motor Company, a partnership; The Alan Investment Company, a partnership; The Neal Farm Equipment Company, a partnership; The Foster Ranch, a partnership; Frank Parkinson Neal, individually; Frank Parkinson Neal, as a member of the Parkinson-Neal Motor Company, now known as the Day-Neal Motor Company, a partnership; Earl Day, individually; Earl Day as a member of the Parkinson-Neal Motor Company, now known as the Day-Neal Motor Company, a partnership; Ruth Adaline Foster, individually; Ruth Adaline Foster, as a member of the Neal Farm Equipment Company, a partnership; Janice Helen Neal Stephens, individually; Janice Helen Neal Stephens as a member of the Neal Farm Equipment Company, a partnership; Ruth Adaline Foster as a member of Foster Ranch, a partnership; William Foster, individually; William Foster as a member of the Foster Ranch, a partnership, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 15, 1958.


Attorney(s) appearing for the Case

Luther Bohanon, Oklahoma City, Okl. (Bert Barefoot, Jr., and Leon S. Hirsh, Oklahoma City, Okl., on the brief), for appellants.

B. H. Carey, Oklahoma City, Okl. (Jere G. Crowley, Enid, Okl., and Charles R. Nesbitt, Oklahoma City, Okl., on the brief), for appellees.

Before BRATTON, Chief Judge, and HUXMAN and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Leo Alan Neal III, who sues by his mother and guardian, claims that he has not received his distributive shares of the estates of his grandmother, his grandfather and his great grandfather.1 By amendment to the complaint, the mother and guardian, Kathryn Neal Miller, was joined as a plaintiff in her individual capacity and as administratrix of the estate of her deceased husband, Leo Alan Neal II. The defendants...

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