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CAHILL v. BROWN

No. 271, Docket 25470.

266 F.2d 596 (1959)

Margaret CAHILL, Petitioner-Appellant. v. William S. BROWN, Trustee-Appellee.

United States Court of Appeals Second Circuit.

Decided May 11, 1959.

Attorney(s) appearing for the Case

Albert F. Kimball, Port Washington, N. Y., Hyer & Kimball, Port Washington, N. Y. (Raymond T. Hyer, Port Washington, N. Y., on the brief; Hugh S. Wend, Brooklyn, N. Y., of counsel), for petitioner-appellant.

Henry W. Parker, Port Washington, N. Y., for trustee-appellee.

Before LUMBARD and MOORE, Circuit Judges, and ANDERSON, District Judge.

PER CURIAM.

We affirm the order of the district court which reversed the order of the referee.

The central issue was whether $3,000 paid by check dated November 13, 1956 to the bankrupt, Charles W. Hyer, by his mother-in-law, Margaret Cahill, should be impressed with a trust and therefore should be returned to Mrs. Cahill by the trustee. Both before and after November 13, 1956 negotiations were under way with several insurance companies the purpose of which...

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