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COOK v. HIRSCHBERG

No. 379, Docket 25009.

258 F.2d 56 (1958)

Alice H. COOK, Daniel A. Cook, and Eunice Cook Marshall, Plaintiffs-Appellants, v. William S. HIRSCHBERG, The Greenwich Trust Co., and Grace Hornby Philbrick, as Executors of the Estate of Joseph M. Philbrick, late of the Town of Greenwich, State of Connecticut, Deceased, and Grace Hornby Philbrick, Individually, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided August 6, 1958.

Attorney(s) appearing for the Case

Robert E. Nickerson, of Ivey, Barnum, O'Mara & Nickerson, Greenwich, Conn. (Robert C. Barnum, Jr., and Norman E. Davis, of Ivey, Barnum, O'Mara & Nickerson, Greenwich, Conn., on the brief), for plaintiffs-appellants.

C. Driscoll Grimes, of Hirschberg, Pettengill & Strong, Greenwich, Conn. (Jack Haldane Courage and John F. Lambert, of Hirschberg, Pettengill & Strong, Greenwich, Conn., on the brief), for defendants-appellees.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and RYAN, District Judge.

CLARK, Chief Judge.

This is an appeal from Judge Smith's dismissal upon defendants' motion of a claim based upon an alleged oral contract between husband and wife for the making of mutual wills alleged to have been breached by the defendants' testator, the husband. The plaintiffs are a nephew and two nieces of Amelia B. C. Philbrick, first wife of Joseph M. Philbrick, to whom she was married apparently before 1911 and at least before her will of September 27, 1923...

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