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HALL v. KILLINGSWORTH

No. 13837.

253 F.2d 43 (1958)

Wesley HALL, Jr., Appellant, v. Laura A. KILLINGSWORTH and Yeolen S. Thomas, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 27, 1958.

Attorney(s) appearing for the Case

Mr. Arthur L. Willcher, Washington, D. C., with whom Mr. Eugene H. Rothberg, Washington, D. C., was on the brief, for appellant. Mr. Sol Rothbard also entered an appearance for appellant.

Mr. James C. Toomey, Washington, D. C., with whom Mr. Walter E. Gillcrist, Washington, D. C., was on the brief, for appellees.

Before EDGERTON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

PER CURIAM.

The named trustees of a purported testamentary trust of realty applied to the District Court for instructions as to the construction of the will of Helen Penn Pender, deceased. The District Court held that the paragraph purporting to create a trust was void because it named no beneficiary, devised no trust object, and gave complete discretion to the named trustees to manage, operate or sell the realty. The District Court considered "it would not do to...

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