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SMITH v. MOORE

Civ. A. No. 714.

225 F.Supp. 434 (1963)

Virginia Marrow SMITH et al., Plaintiffs, v. Roderick D. MOORE, Administrator d.b.n., c.t.a., and Trustee of the Estates of George B. West and Missouri P. Smith, deceased, et al., Defendants.

United States District Court E. D. Virginia, Newport News Division.

December 23, 1963.

Attorney(s) appearing for the Case

Ford & Avis, Newport News, Va., Townsend & Townsend, Columbia, S. C., Lipshutz, Macey, Zusmann & Sikes, Atlanta, Ga., Neill H. Alford, Jr., Charlottesville, Va., for plaintiffs.

S. W. Colonna, Henry D. Garnett, Newport News, Va., for administrator and trustee of Estates of West and Smith.

Hunton, Williams, Gay, Powell & Gibson, Richmond, Va., for University of Richmond and Virginia Tabb Moore.

WALTER E. HOFFMAN, Chief Judge.

The ultimate issue in this case is whether certain trusts, created by the last will and testaments of George B. West and Missouri P. Smith, have failed because of insufficient funds to accomplish the specific purposes set forth by the testator and testatrix in their respective wills. The plaintiffs are the sole surviving descendants and heirs-at-law of said testator and testatrix. By successive appointments the defendant, Moore, is...

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