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FIRST TRUST CO. OF ST. PAUL v. MINNESOTA HISTORICAL SOC.

Civ. No. 2553.

146 F.Supp. 652 (1956)

FIRST TRUST COMPANY OF SAINT PAUL, a Minnesota corporation, as Executor of the Last Will and Testament of Sophia V. H. Foster, Plaintiff, v. MINNESOTA HISTORICAL SOCIETY, a Minnesota corporation, Ogden H. Hammond as Executor of the Last Will and Testament of Sophia W. Hammond, deceased; Ogden H. Hammond and Clarence V. S. Mitchell, as trustees of a testamentary trust under said will for the benefit of Margaret Van S. H. Starr; Harriet K. Hammond; and John Doe and Mary Roe, whose true names are to plaintiff unknown, Defendants. MINNESOTA HISTORICAL SOCIETY, a Minnesota corporation, Third-Party Plaintiff, v. Elizabeth F. VYTLACIL, Harriet F. Bunn, and Roger Sherman Foster, Third-Party Defendants, and United States of America, Intervener. In re LEWIS AND CLARK EXPEDITION PAPERS.

United States District Court D. Minnesota, Third Division.

October 8, 1956.

Attorney(s) appearing for the Case

David W. Raudenbush and Morgan, Headley, Raudenbush & Morgan, Saint Paul, Minn., for plaintiff.

Bergmann Richards and Richards, Janes, Hoke, Montgomery & Cobb, Minneapolis, Minn., for Minnesota Historical Society, a defendant and third-party plaintiff.

M. V. Seymour and O'Brien, Horn, Seymour & O'Connor, Saint Paul, Minn. (Donald F. Hyde, Frederic H. Poor, Jr., and W. Dermot H. Stanley, of McKenzie, Hyde, Willson, French & Poor, New York City, of counsel), for defendant Ogden H. Hammond, as Executor of the Last Will and Testament of Sophia W. Hammond, deceased, defendants Ogden H. Hammond and Clarence V. S. Mitchell, as Trustees of a Testamentary Trust under said will for the benefit of Margaret Van S. H. Starr, and defendant Harriet K. Hammond.

Elizabeth F. Vytlacil, Harriet F. Bunn and Roger Sherman Foster, third-party defendants, pro se.

George E. MacKinnon, U. S. Atty., and Clifford Janes, Asst. U. S. Atty., Saint Paul, Minn., and Harold F. Reis, Atty., U. S. Dept. of Justice, Washington, D. C., for the United States.

NORDBYE, Chief Judge.

Certain issues in the above cause came before this Court for determination without a jury.

This action was instituted originally by the filing of a complaint in the District Court of the County of Ramsey, State of Minnesota, by the First Trust Company of Saint Paul, as executor of the last will and testament of Sophia V. H. Foster, deceased. Mrs. Foster, a life-long resident of Saint Paul, died in New York City on December 20, 1952. After...

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