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McINERNEY v. DISTRICT OF COLUMBIA

No. 19245.

355 F.2d 838 (1965)

Wilbert McINERNEY, Executor of the Estate of Catherine J. Cullen, Deceased, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1965.

Attorney(s) appearing for the Case

Mr. Wilbert McInerney, Washington, D. C., for appellant.

Mr. John R. Hess, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Hubert B. Pair, Asst. Corporation Counsel, were on the brief, for appellee.

Before FAHY, DANAHER and TAMM, Circuit Judges.

PER CURIAM.

On March 26, 1963, the late Catherine J. Cullen executed her will, which, as here pertinent, provided:

"Second: I give, devise and bequeath all of my property, real, personal and mixed, of whatsoever kind and wheresoever situate, unto The Society of Perpetual Adoration, 2907 Ellicott Terrace, N. W., Washington, D. C."

Four days later the testatrix died.

D.C.CODE § 19-202 (1961) provides...

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