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FOREIGN MISSION BOARD, ETC. v. GAINES

C. A. 509.

42 F.Supp. 85 (1941)

FOREIGN MISSION BOARD OF THE SOUTHERN BAPTIST CONVENTION v. GAINES et al.

District Court, E. D. South Carolina.

December 12, 1941.

Attorney(s) appearing for the Case

Montague & Montague, of Richmond, Va., and William L. Cain, of Columbia, S. C., for plaintiff.

Thomas, Cain & Black, of Columbia, S. C., for defendant J. Frank Gaines, executor.

Richard E. Broome, of Columbia, S. C., for defendants Mrs. Blanche C. Macdonald and C. C. Jones.

WYCHE, District Judge.

Plaintiff brings this action under the Declaratory Judgments Act, 28 U.S.C.A. § 400, for the construction of Item 5 of the will of Bettie Clements Wray, late of Columbia, South Carolina, which item reads as follows: "Item 5. If the sum total of the amount received from the sale of all my property as mentioned above, is more than the total of the amounts I have given, as designated above, then I direct that all of the remaining amount be...

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