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ESTATE OF FRENCH

No. 9490.

365 A.2d 621 (1976)

ESTATE of Sallye Lipscomb FRENCH. John W. KEY et al., Appellants, v. Michael M. DOYLE et al., Appellees.

District of Columbia Court of Appeals.

Decided November 1, 1976.

Attorney(s) appearing for the Case

Floyd Willis, III, Rockville, Md., with whom Edith M. Gelfand, Rockville, Md., was on the brief, for appellants.

Michael M. Doyle, Washington, D.C., entered an appearance as executor pro se.

Charles H. Burton, Washington, D.C., with whom Robert J. Tyrrell, Washington, D.C., was on the brief, for appellee Calvary Baptist Church.

Nicholas D. Ward, Washington, D.C., with whom William A. Glasgow, Washington, D.C., was on the brief, for appellee St. Matthew's Cathedral.

Before YEAGLEY and MACK, Associate Judges, and REILLY, Chief Judge, Retired.

MACK, Associate Judge:

This appeal involves a challenge to the constitutionality of D.C.Code 1973, § 18-302, which provides that any devise or bequest to a clergyman or religious organization is invalid if made within 30 days of the testator's death. The trial court determined that the statute violated the First and Fifth Amendments of the United States Constitution. We affirm.

The facts of this case are not in dispute. Sallye Lipscomb French executed...

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