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HAMRICK v. INDIANAPOLIS HUMANE SOCIETY, INC.

No. 12750.

273 F.2d 7 (1959)

Winn C. HAMRICK, as Trustee of the Residuary Estate for the use of the net income therefrom for relief of animals coming under the care of the Indianapolis Humane Society of the City of Indianapolis, Indiana, under the will of Mary Powell Crume, Deceased, Plaintiff-Appellant, v. INDIANAPOLIS HUMANE SOCIETY, INC., a corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 30, 1959.

Attorney(s) appearing for the Case

Alan W. Boyd, Indianapolis, Ind., P. Eugene Smith, Dayton, Ohio (Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., of counsel), for appellant.

Paul R. Summers, William M. Osborn, Indianapolis, Ind. (Bingham Summers & Spilman, Indianapolis, Ind., of counsel), for appellee.

Before DUFFY, SCHNACKENBERG and KNOCH, Circuit Judges.

DUFFY, Circuit Judge.

Plaintiff brought this suit as Trustee of a testamentary trust to obtain a decree ordering defendant to deliver trust property in its possession to plaintiff, and to render an accounting. The estimated present value of the trust assets is $750,000.00. Defendant moved to dismiss the action for the reasons: 1) the complaint failed to state a claim upon which relief could be granted; 2) the alleged claim...

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