AMERICAN NATIONAL RED CROSS v. HOLTMAN

Nos. 18302, 18303.

351 F.2d 746 (1965)

The AMERICAN NATIONAL RED CROSS et al., Appellants, v. Charlotte S. HOLTMAN et al., Appellees. Elmer S. JUSTH et al., Appellants, v. Charlotte S. HOLTMAN et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1965.


Attorney(s) appearing for the Case

Mr. Geoffrey Creyke, Jr., Washington, D. C., with whom Messrs. Richard H. Wilmer, David R. Anderson, Herbert D. Morrison, Raymond E. Gable, and Frederick H. Livingstone, Washington, D. C., were on the brief, for appellants in No. 18302, and appellee The American National Red Cross, and certain other appellees in No. 18303. Mr. Henry M. Moore, Washington, D. C., also entered an appearance for The Salvation Army, appellant in No. 18302 and appellee in No. 18303.

Mr. James S. Gardiner, Washington, D. C., with whom Mr. James M. McCullough, Washington, D. C., was on the brief, for appellants in No. 18303 and certain appellees in No. 18302.

Mr. Ward E. Lattin, Washington, D. C., with whom Mr. Meade C. Patrick, Washington, D. C., was on the brief, for appellee Holtman.

Mr. Frederick M. Bradley, Washington, D. C., with whom Messrs. Arthur J. Phelan and James E. Murray, Washington, D. C., were on the brief, for appellee Riggs National Bank of Washington, D. C., trustee.

Before EDGERTON, Senior Circuit Judge, and WASHINGTON and WRIGHT, Circuit Judges.


PER CURIAM:

This is another case requiring us to guess at the testator's intention in an ineptly drawn will. In his will and codicil the testator placed a piece of real property — the principal and virtually the only asset of his estate — in trust, with power in the trustee to lease the property and with directions to pay from the "net income arising" from the property specified sums monthly to each of six named...

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