TRACY v. BAKER

No. 16586.

282 F.2d 431 (1960)

Clifton H. TRACY, Executor of the Estate of Charles Dunbar Walker, deceased, and Albert F. Lee, etc., Appellants, v. Violet May Walker BAKER, Appellee.

United States Court of Appeals Ninth Circuit.

August 18, 1960.


Attorney(s) appearing for the Case

W. Y. Char, Honolulu, Hawaii, for appellant.

Arthur H. Spitzer, Honolulu, Hawaii, for appellee Cooke Trust Company, Ltd.

A. James Wriston, Jr., Honolulu, Hawaii, for appellee, Violet May Walker Baker; Stephenson & Ashford, Honolulu, Hawaii, of counsel.

Before POPE, MAGRUDER and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

This appeal is taken from the Supreme Court of the Territory (now State) of Hawaii, pursuant to 28 U.S.C. § 1293. The parties are claimants to the estate of Frederick George Eyton Walker, who died testate on November 19, 1953.

Appellee Baker claims as the daughter and heir of the decedent upon the theory that the residuary legacy of decedent's last will had lapsed through the prior death of the residuary legatee and that the residue...

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