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KENNEDY v. UNION & NEW HAVEN TRUST COMPANY

No. 52, Docket 27012.

296 F.2d 655 (1961)

Robert F. KENNEDY, Attorney General of the United States, Petitioner-Appellee, v. UNION & NEW HAVEN TRUST COMPANY, Administrator of the Estate of Helene Schuff Noll, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided December 11, 1961.

Attorney(s) appearing for the Case

Jeremiah D. Shea, New Haven, Conn., for respondent-appellant.

Lillian C. Scott, Atty., Dept. of Justice, Washington, D. C. (Paul V. Myron, Acting Director, Office of Alien Property, Dept. of Justice, Washington, D. C., Harry W. Hultgren, Jr., U. S. Atty., Henry C. Stone, Asst. U. S. Atty., D. Conn., Hartford, Conn., and Arthur R. Schor, Atty., Dept. of Justice, Washington, D. C., on the brief), for petitioner-appellee.

Before CLARK, HINCKS and FRIENDLY, Circuit Judges.

HINCKS, Circuit Judge.

Anna Hartmann, a Connecticut resident, bequeathed to relatives in Germany remainders which had vested in 1948. On January 28, 1952, and before final distribution of the Hartmann estate, the Attorney General, acting under § 7(c) of the Trading with the Enemy Act, 50 U.S.C.A.Appendix, § 1 et seq., issued an order vesting these bequests in himself as Alien Property Custodian. He then applied to the Probate Court of Middletown,

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