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CENTRAL HANOVER BANK & TRUST CO. v. UNITED STATES

No. 46003.

57 F.Supp. 497 (1944)

CENTRAL HANOVER BANK & TRUST CO. v. UNITED STATES.

Court of Claims.

November 6, 1944.

Attorney(s) appearing for the Case

Harold L. Herrick, of New York City (Huber B. Lewis, on the brief), for plaintiff.

Elizabeth B. Davis, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Fred K. Dyar, of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

MADDEN, Judge.

The plaintiff is the trustee of a trust created by Clare G. Johnson in 1922. She was 42 years old at that time and intended to remarry. She transferred some $600,000 worth of property to the trustee in trust to pay the income to herself during her life. The trust instrument further provided: "* * * and upon my death to assign, transfer and set over the said shares of stock and any increase thereof, and any and all other securities held by my Trustee...

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