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IN RE ALLEN'S ESTATE

No. Admn. 66049.

64 F.Supp. 107 (1946)

In re ALLEN'S ESTATE.

District Court of the United States for the District of Columbia.

January 24, 1946.

Attorney(s) appearing for the Case

William L. Owen, of Washington, D. C., for the estate, for the motion.

John K. Cunningham, of Washington, D. C., guardian ad litem, opposed.

HOLTZOFF, Justice.

The question in this case is whether a will is revoked by the birth of a child subsequently to the execution of the will, the child being born of a marriage which took place prior to the execution of the testamentary instrument. The question is raised by motion to dismiss the petition for caveat, filed by the guardian ad litem for the infant, who was born subsequently to the execution of the will.

The United States Court of Appeals for the...

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