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PAYNE v. NEWTON

Nos. 17614, 17615.

323 F.2d 621 (1963)

Rosser H. PAYNE et al., Appellants, v. B. Austin NEWTON, Jr., Administrator, Estate of Beulah E. Payne, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided September 19, 1963.

Petition for Rehearing Denied October 22, 1963.

Petition for Rehearing Denied October 22, 1963.

Attorney(s) appearing for the Case

Mr. Donald K. Graham, Washington, D. C., with whom Messrs. Frank J. Whalen, Jr., and Robert P. Forrestal, Washington, D. C., were on the brief, for appellants.

Mr. Wesley E. McDonald, Washington, D. C., for appellee, Newton, Administrator of the Estate of Beulah E. Payne.

Messrs. William T. Pace and William H. McCullough, Mt. Rainier, Md., entered appearances for appellee, Jett, Executor.

Before DANAHER, WRIGHT and McGOWAN, Circuit Judges.

Petition for Rehearing En Banc Denied October 22, 1963.

Petition for Rehearing by the Division Denied October 22, 1963.

McGOWAN, Circuit Judge.

These appeals may, in our view, be disposed of by reference to a single issue. That is whether, under the circumstances here involved, the right of a surviving incompetent widow to renounce her husband's will continues beyond her own death. For the reasons set forth hereinafter, we hold that it does not.

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