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WOLCOTT v. HUTCHINS

245 F.Supp. 578 (1965)

David WOLCOTT, Plaintiff, v. Waldo HUTCHINS, Jr., individually and as Executor of, and Trustee under, the Last Wills and Testaments of Augustus S. Hutchins and Mary Johnson Hutchins, Deceased, Chemical Bank & Trust Company and William J. Fagan, as Executors of, and Trustees under, the Last Will and Testament of Elizabeth Wolcott Hamilton (Jaeger), Deceased, Elizabeth Boswell and Lyman B. Lewis, as Executors of, and Trustees under, the Last Will and Testament of Margaret J. Hutchins, Deceased, Defendants.

United States District Court S. D. New York.

September 14, 1965.

Attorney(s) appearing for the Case

Robert Emmet Connolley, New York City, for plaintiff.

Rein, Mound & Cotton and Irving Smith, Jr., New York City, for defendant Waldo Hutchins, Jr.

Lark & Sullivan, New York City, for defendants Chemical Bank New York Trust Co. and William J. Fagan.

Lyman B. Lewis, Geneva, N. Y., pro se, for defendants Elizabeth Boswell and Lyman B. Lewis.

BONSAL, District Judge.

In the amended complaint in this diversity action plaintiff charges the defendant Waldo Hutchins, Jr. and other members of the family of the late Augustus S. Hutchins (Elizabeth Wolcott Hamilton and Margaret J. Hutchins, both of whom are deceased, the action being brought against their testamentary executors and trustees) with conspiring to defeat the plaintiff David Wolcott's inheritance under the will of the late Augustus S. Hutchins, and...

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