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MARKHAM v. TIBBETTS

79 F.Supp. 47 (1947)

MARKHAM v. TIBBETTS et al.

District Court, S. D., New York.

February 4, 1947.

Attorney(s) appearing for the Case

John F. X. McGohey, U. S. Atty. and David McKibbin, Asst. U. S. Atty., both of New York City, John S. Sonnett, Asst. U. S. Atty. Gen., Harry LeRoy Jones and Albert Parker, Sp. Assts. to Atty. Gen., and Elmer J. Kelsey, of New York City, for plaintiff.

Tibbetts, Lewis, Lazo & Welch, of New York City (Murray D. Welch and George A. Dickinson, both of New York City, of counsel), for defendants Tibbetts and Lewis.

Nathaniel L. Goldstein, Atty. Gen. of New York, and Corning G. McKennee, Asst. Atty Gen., as the statutory representative of the unknown beneficiaries of gifts and trusts for educational, religious, charitable and benevolent uses and purposes.

CAFFEY, District Judge.

This is an action by the Alien Property Custodian for a declaratory judgment declaring and defining his rights as successor in interest to Martha Sakrausky and her issue, found by him to be enemy nationals, in the estates of Mary Martha Taylor and Harland B. Tibbetts, and impressing a constructive trust thereon, subject to such deductions as may be allowed by the Surrogate's Court. Plaintiff moves for judgment on the pleadings under Rule 12...

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