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SIMMONS v. PINNEY

No. 20303.

375 F.2d 929 (1967)

J. Benjamin SIMMONS, Caveatee, Appellant, v. Elsie M. PINNEY et al., Caveators, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 24, 1967.

Attorney(s) appearing for the Case

Mr. Raymond L. Poston, Jr., Washington, D. C., for appellant.

Mr. Joseph J. Malloy, Washington, D. C., for appellees.

Before BASTIAN, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

PER CURIAM:

The District Court order appealed from, denying probate to a will, was entered upon a jury finding of undue influence by a principal beneficiary. The conduct of the trial itself, including the instructions given to the jury, is not the subject of any serious exception here.1 What is vigorously urged is that, in the light of the policy favoring free and untrammeled disposition of property upon death and the consequent burden...

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