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RIGGS NATIONAL BANK OF WASHINGTON, D. C. v. SUMMERLIN

No. 23437.

445 F.2d 201 (1971)

The RIGGS NATIONAL BANK OF WASHINGTON, D. C. Trustee Under the Will of Henrietta V. Johnston, Deceased, v. John V. SUMMERLIN, Jr., Harriott Summerlin Humphrey, Appellants, Dolores Summerlin Kelchner et al., Harriott Page Humphrey, Peter Gage Humphrey, Walcott Juliess Humphrey, IV, Appellants, The Washington Foundation, etc.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 1971.

As Amended March 4 and March 19, 1971.

Petition for Rehearing Denied April 12, 1971.

Certiorari Denied October 12, 1971.

Attorney(s) appearing for the Case

Mr. Alfred L. Scanlan, Washington, D. C., with whom Mr. Frederick C. LeComte, Washington, D. C., was on the brief, for appellants.

Mr. Wilford E. Neier, Port Washington, N. Y., of the Bar of the Court of Appeals of New York, pro hac vice by special leave of Court, and Mr. Brainard H. Warner, III, Washington, D. C., for appellees, Dolores Summerlin Kelchner and Elna Barrett Summerlin.

Messrs. James E. Murray and Frederick M. Bradley, Washington, D. C., entered appearances for appellee, Riggs Nat. Bank of Washington, D. C.

Before ROBINSON, MacKINNON, and WILKEY, Circuit Judges.

Certiorari Denied October 12, 1971. See 92 S.Ct. 91.

WILKEY, Circuit Judge.

This appeal is taken from summary judgment of the District Court that appellee, Dolores Summerlin Kelchner, an adopted child, is entitled as a matter of law to take under a trust created in the will of her adoptive father's grandmother, as "issue" of the father. Appellants are the two natural children of the adopting father. The Bank as Trustee is a stakeholder.

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