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SCHILT v. DUVALL

No. 72-1482.

479 F.2d 1228 (1973)

Bernard E. SCHILT, Esquire, Successor Guardian of the Estate of John Wesley Duvall, Jr., Appellant, v. Myrtle B. DUVALL, Trustee, and National Surety Corporation, her Surety, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 30, 1973.

Attorney(s) appearing for the Case

Fred Warren Bennett, Washington, D. C., with whom James R. Sharp, Washington, D. C., was on the brief, for appellant.

James K. Foley, Silver Spring, Md., for appellee, National Surety Corp.

Before LEVENTHAL and ROBB, Circuit Judges, and JAMESON, Senior United States District Judge for the District of Montana.

JAMESON, District Judge:

This is an appeal from an order of the District Court entered March 7, 1972 denying the appellant's motion to surcharge the appellee trustee and her surety for the trustee's alleged misappropriation of trust funds.

A. Factual Background1

By order entered March 29, 1968 in Civil Action 2915-67, appellee Myrtle B. Duvall was appointed trustee to convey the interest of John Wesley Duvall,...

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