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FITCHIE v. BROWN

No. 47.

211 U.S. 321 (1908)

29 S.Ct. 106

53 L.Ed. 202

FITCHIE v. BROWN.

Supreme Court of United States.

Decided December 7, 1908.

Attorney(s) appearing for the Case

Mr. Aldis B. Browne, with whom Mr. W.L. Stanley, Mr. Henry Holmes and Mr. Alexander Britton were on the brief, for appellants.

Mr. John C. Gray, with whom Mr. Roland Gray was on the brief, for the Hawaiian Trust Company, an appellee.

Mr. Clarence H. Olson, with whom Mr. William O. Smith and Mr. A. Lewis, Junior, were on the brief, for Cecil Brown and William O. Smith, Executors, appellees.1

MR. JUSTICE PECKHAM, after making the foregoing statement, delivered the opinion of the court.

In the view we take of the case there are but two questions necessary to be noticed, and they involve the validity of the trust and the disposition of the surplus income. The appellants, who are the heirs of testator, insist, first, that the provision in the will for final distribution, ordering the trust fund to be divided equally...

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