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EPISCOPAL EYE, EAR AND THROAT HOSPITAL v. GOODWIN

Nos. 15181, 15182, 15192, 15194, 15195.

278 F.2d 255 (1960)

EPISCOPAL EYE, EAR AND THROAT HOSPITAL, a corporation, Appellant v. Anne Stockton GOODWIN and Cathedral Church of St. John the Divine, Appellees. Helen King Stockton PARKER et al., Appellants v. Anne Stockton GOODWIN and Cathedral Church of St. John the Divine, Appellees. PROTESTANT EPISCOPAL CATHEDRAL FOUNDATION OF THE DISTRICT OF COLUMBIA, a corporation, Appellant v. Anne Stockton GOODWIN and Cathedral Church of St. John the Divine, Appellees. PROTESTANT EPISCOPAL PARISH OF ST. STEPHEN AND INCARNATION, Appellant v. Anne Stockton GOODWIN and Cathedral Church of St. John the Divine, Appellees. WASHINGTON HOME FOR INCURABLES, Appellant v. Anne Stockton GOODWIN and Cathedral Church of St. John the Divine, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 21, 1960.

Attorney(s) appearing for the Case

Mr. Murray Preston, Washington, D. C., attorney for appellant in No. 15181, argued for appellants in Nos. 15181, 15192, 15194 and 15195. Mr. G. Bowdoin Craighill, Washington, D. C., was on the brief for appellant in No. 15192. Mr. James A. Crooks, Washington, D. C., was on the brief for appellant in No. 15194. Mr. Stanton C. Peelle, Jr., Washington, D. C., was on the brief for appellant in No. 15195. Mr. A. G. Nichols, Jr., Washington, D. C., also entered an appearance for appellant in No. 15195.

Mr. Alexander B. Hawes, Washington, D. C., with whom Mr. Robert Martin, Washington, D. C., was on the brief, for appellants in No. 15182.

Mr. John J. Ross, Washington, D. C., with whom Messrs. Frederick M. Bradley and Howard F. Roycroft, Washington, D. C., were on the brief, for appellee Anne Stockton Goodwin.

Mr. Jaquelin A. Marshall, Washington, D. C., for appellee Cathedral Church of St. John the Divine.

Before EDGERTON, FAHY and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Helen King Luquer died in 1930 and her will was admitted to probate in the District of Columbia. The will was executed in 1894; codicils were executed in 1902 and 1929. She was survived by her husband who died in 1932, and a son and daughter, both of whom died without issue in 1957.

The issue in this case involves the distribution of a portion of decedent's residuary estate. The testatrix established two residuary trusts, granting life...

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