CLYDE v. HODGE

No. 17507.

413 F.2d 48 (1969)

William CLYDE, III, Appellant, v. Emma Clyde HODGE, Margaret Hodge Dauler, Frances Hodge Gordon, Emma Hodge Sarosdy, Edwin Hodge, Jr., and Does I Through X, inclusive.

United States Court of Appeals Third Circuit.

Decided July 11, 1969.

Rehearing Denied August 13, 1969.


Attorney(s) appearing for the Case

Maynard Garrison, Jr., San Francisco, Cal., Wallace Garrison, Pascoe & Ray, San Francisco, Cal., Robert W. Smiley, Brandt, Riester, Brandt & Malone, Pittsburgh, Pa., on the brief, for appellant.

John C. Bane, Jr., Reed, Smith, Shaw & McClay, Pittsburgh, Pa. John H. Scott, Jr., James H. McConomy, Pittsburgh, Pa., on the brief, for appellees.

Before SEITZ, ALDISERT and STAHL, Circuit Judges.


OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellant, William Clyde, III, brought a diversity action in the district court charging that by mistake, undue influence, or fraud Emma Clyde Hodge and Edwin Hodge, Jr. (the Hodges) and other unnamed individuals caused Margaret Burns Clyde (settlor), appellant's grandmother, to exclude him from participation in an inter vivos trust which was dated January 31, 1933. The Hodges, who were not beneficiaries under the...

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