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POWELL v. NATIONAL SAVINGS AND TRUST COMPANY

No. 16071.

296 F.2d 412 (1961)

Diana Kearny POWELL, Appellant, v. NATIONAL SAVINGS AND TRUST COMPANY, Successor Trustee, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 31, 1961.

Petition for Rehearing Denied September 20, 1961.

Certiorari Denied December 18, 1961.

Attorney(s) appearing for the Case

Miss Diana Kearny Powell, pro se.

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

Mr. Benj. W. Dulany, Washington, D. C., for appellees Anne T. Ogden and Lester H. Sellers, Ancillary Executors of the Estate of Lucy Powell, deceased.

Mr. Nathan Wald, Washington, D. C., entered an appearance for appellee Martha Powell Nistler and certain other appellees.

Before WILBUR K. MILLER, Chief Judge, and PRETTYMAN and BURGER, Circuit Judges.

Petition for Rehearing Denied September 20, 1961.

Certiorari Denied December 18, 1961. See 82 S.Ct. 387.

BURGER, Circuit Judge.

Appellant seeks review of a judgment of the District Court construing a testamentary trust pursuant to a petition of the trustee for instructions.

In 1958 the last surviving of five life tenants of the trust estate died and the appellee trustee was required to make final distribution under a residuary trust provision...

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