KILCOYNE v. REILLY

No. 13668.

249 F.2d 472 (1957)

Catherine B. KILCOYNE et al., Appellants, v. James F. REILLY, Executor of the Estate of Emma F. Shepley, deceased, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided August 8, 1957.

As Amended September 24, 1957.

Petition for Rehearing Denied September 24, 1957.


Attorney(s) appearing for the Case

Mr. John E. Powell, Washington, D. C., with whom Messrs. Arthur P. Drury and John M. Lynham, Washington, D. C., were on the brief, for appellants.

Mr. Harrison T. Slaughter, Washington, D. C., for appellee Anne C. Reilly.

Messrs. James F. Reilly and Eugene B. Sullivan, Washington, D. C., entered appearances for appellee James F. Reilly, Executor.

Mr. William H. Clarke, Washington, D. C., entered an appearance for appellees Anne Beach Ritchie and Clarke Beach.

Mr. P. Bateman Ennis, Washington, D. C., entered an appearance for appellee Mildred C. Cohan.

Messrs. Albert Brick and Samuel Intrater, Washington, D. C., entered appearances for appellee Belmar H. Shepley.

Mr. Stanton C. Peelle, Jr., Washington, D. C., entered an appearance for appellee The Washington Home for Incurables.

Before WILBUR K. MILLER, BAZELON and BURGER, Circuit Judges.


Petition for Rehearing In Banc Denied September 24, 1957.

BURGER, Circuit Judge.

Emma F. Shepley died in August 1955, leaving an estate consisting of stock and secured notes valued at about $124,000. Her husband, Belmar H. Shepley, survived her; there were no children. The District Court admitted to probate a longhand will dated June 25, 1955 by which the husband was bequeathed a life interest in the entire estate. Upon his death ten named legatees were to...

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