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KAMMHOLZ v. ALLEN

No. 358, Docket 24911.

256 F.2d 437 (1958)

Gertrude (Gertrud, Trude) KAMMHOLZ, Ingeborg Kammholz, Plaintiffs-Appellants, v. Donald ALLEN, Albert Hirst, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 13, 1958.

Attorney(s) appearing for the Case

George Eric Rosden, Washington, D. C. (Waldemar J. Dittmar, New York City, on the brief), for plaintiffs-appellants.

Murray C. Bernays, New York City (Bernays & Eisner, and Ellis J. Freedman, New York City, on the brief), for defendants-appellees.

Dallas S. Townsend, Asst. Atty. Gen., Director, Office of Alien Property, Dept. of Justice, Washington, D. C., Paul W. Williams, U. S. Atty. for Southern District of New York, New York City, George B. Searls, Irwin A. Seibel and Lillian C. Scott, Attorneys, Dept. of Justice, Washington, D. C., for Attorney General of the United States as amici curiae.

Before SWAN, HINCKS and LUMBARD, Circuit Judges.

HINCKS, Circuit Judges.

The question presented on this appeal concerns the proper construction to be given the following relevant portion of the will of Rudolf Lesch who died in New York on March 9, 1946.

"Article VI. "I give and bequeath to said Allen all the shares of stock, both Class `A' and Class `B', of Rudolf Lesch Fine Arts, Inc. (hereinafter referred to as `the Corporation'), that I may hold at...

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