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MERCHANT v. DAVIES

No. 13425.

244 F.2d 347 (1957)

Jacqueline MERCHANT, Committee of the Person and Estate of Ronald Merchant, Appellant, v. Joe S. DAVIES, Executor under the Will of Ann Merchant, deceased, and Julitta Heinen Behrooz and Maria Heinen, Intervenors, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided April 18, 1957.

Rehearing Denied May 23, 1957.

Attorney(s) appearing for the Case

Mr. Ira S. Siegler, Washington, D. C., with whom Mr. Henry H. Brylawski, Washington, D. C., was on the brief, for appellant.

Mr. George Bronz, Washington, D. C., for appellees Behrooz and Heinen.

Mr. Ralph F. Berlow, Washington, D. C., entered an appearance for appellee Davies.

Before EDGERTON, Chief Judge, and WILBUR K. MILLER and BAZELON, Circuit Judges.

EDGERTON, Chief Judge.

This appeal is from orders denying leave to amend, and dismissing, a petition or caveat to revoke the probate of a will. The will was probated in 1953 The testatrix's son is incompetent and appellant has been appointed his committee. She filed the caveat soon after she was appointed. This was in 1955, about two years after the will was probated. It does not appear that the son was found incompetent...

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