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IN RE ESTATE OF McCAGG

No. 81-905.

450 A.2d 414 (1982)

In re ESTATE OF Therese Davis McCAGG. William R. JOHNSTON, Registrar, National Museum of American Art, Smithsonian Institution, Appellant, v. INDUSTRIAL NATIONAL BANK, N. A., Administrator, c.t.a.d.b.n., Appellee.

District of Columbia Court of Appeals.

Decided August 12, 1982.

Attorney(s) appearing for the Case

Freddi Lipstein, Dept. of Justice, with whom J. Paul McGrath, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty., at the time the briefs were filed, and William Kanter, Dept. of Justice, Washington, D. C., were on the briefs, for appellant.

Doris D. Blazek, Washington, D. C., for appellee.

Before NEWMAN, Chief Judge, and KELLY and FERREN, Associate Judges.

NEWMAN, Chief Judge:

This case involves a dispute over title to two paintings placed on indefinite loan to a museum by the owner, Therese Davis McCagg, in 1917. It is brought by her estate on behalf of the descendants of her residuary legatees, who acquired title to the paintings upon her death in 1932. The trial court held that the suit, filed less than two years after demand for return of the paintings was made and refused, thereby terminating the loan, was timely...

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