BEATTY v. NATIONAL SAVINGS AND TRUST COMPANY

No. 16005.

289 F.2d 763 (1961)

Albert R. BEATTY and Rev. Owen Washington Beatty, Appellants, v. NATIONAL SAVINGS AND TRUST COMPANY, a corporation, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1961.


Attorney(s) appearing for the Case

Mr. Clarence G. Pechacek, Washington, D. C., with whom Messrs. Joseph A. Rafferty and Joseph A. Rafferty, Jr., Washington, D. C., were on the brief, for appellants.

Mr. Arthur P. Drury, Washington, D. C., with whom Messrs. John M. Lynham, John E. Powell, and Henry H. Paige, Washington, D. C., were on the brief, for appellee, National Savings and Trust Company, and certain other appellees.

Mr. Robert T. Murphy, Washington, D. C., submitted on the brief for appellee, College of the Immaculate Conception.

Messrs. William Howard Payne and Arthur P. Scibelli, Washington, D. C., filed a brief on behalf of appellee Washington Society for Hard of Hearing and their case was treated as submitted thereon.

Before Mr. Justice REED, retired, and EDGERTON and DANAHER, Circuit Judges.


DANAHER, Circuit Judge.

Appellants, father and son, asked the District Court to terminate certain provisions of a trust. The trustee and various contingent beneficiaries opposed, and summary judgment was entered in their favor. This appeal followed.

We need briefly summarize only presently operable facts. Mrs. Beatty's will provided that the income from seventy-five per cent of the trust was to be payable to her husband throughout his life. Upon his death...

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