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IN RE McLOUGHLIN

No. 74-1428.

507 F.2d 177 (1975)

In the Matter of Christopher John McLOUGHLIN, Bankrupt. Marion B. STOKES, Trustee, Appellant-Cross Appellee, v. TRUST COMPANY OF GEORGIA, Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

January 27, 1975.

Attorney(s) appearing for the Case

J. Timothy White, Atlanta, Ga., for appellant-cross appellee.

Cary S. Tye, Thomas S. Carlock, Atlanta, Ga., for McLoughlin.

Henry J. Miller, Orinda D. Evans, Timothy S. Perry, Atlanta, Ga., for appellee-cross appellant.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

COLEMAN, Circuit Judge.

The facts of this case are simple and undisputed. In 1960, Christopher John McLoughlin, father of the bankrupt, executed his last will and testament, in which he provided that a certain trust be established for his widow and children upon his death. By the terms of this trust, McLoughlin's wife was to have an interest for the remainder of her life or until she remarried, whichever first occurred. Upon her death or remarriage, the trustee (Trust...

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