DUFFY, Chief Judge.
James A. Green died November 2, 1935. His wife Martha Green, and sons Oscar L. Green and Herschel S. Green, survived him. Herschel was appointed trustee under the wills of both his father and mother. His conduct as such trustee has given rise to much litigation in both the state and federal courts. This is the sixth appeal which Herschel has prosecuted to this court.
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