GIBSON, District Judge.
The defendants are executors of the will of F. J. Osterling, deceased, and the instant action is directed against them in that capacity; and individually as well. F. J. Osterling bequeathed one-third of his estate to his sister, Bertha M. Osterling, after certain bequests, and at her death the present plaintiff, D. F. Osterling, succeeded to her interest in the undistributed portion of her interest.
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