Legal Opinion

In re Miller

Court of Appeals for the Second Circuit

Decided March 13, 1923No. 194PublishedCited by 16 opinions

Appeal from the District Court of the United States for the South•ern District of New York. Proceeding at law by Thomas W. Miller, Alien Property Custodian, to require Gustav Schwab and" another, as executors, to deliver to him all the moneys due certain residuary legatees of the estate of Herman C. Von Post, deceased. From a decree as prayed, the executors appeal.

1Opinion of the Court

ROGERS, Circuit Judge.

This is an appeal from an order entered in the District Court for the Southern District of New York on November 10, 1922, which adjudged and decreed that Gustav Schwab and William Siegel, executors of the estate of Herman C. Von Post, deceased, pay and deliver to Thomas W. Miller, as Alien Property Custodian of the United States, the sum of $14,064.08, due and owing to the persons named in the said order, in the amounts set opposite their respective names, with the interest accrued thereon, in compliance with the demands which the Custodian issued and served upon the…

2Cases cited3 opinions

  1. In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
  2. Steinway v. . SteinwayNew York Court of Appeals · 1900
  3. In re MillerCourt of Appeals for the Second Circuit · 1922

3Cited by16 opinions

  1. In Re the Estate of IsenbergHawaii Supreme Court · 1925
  2. Ladue & Co. v. Herbert Brownell, Jr., Attorney General of the United States, Etc.Court of Appeals for the Seventh Circuit · 1955
  3. Clark v. EdmundsDistrict Court, W.D. Virginia · 1947
  4. Estate of SchneiderCalifornia Court of Appeal · 1956
  5. Clark v. Continental Nat. Bank of Lincoln, Neb.District Court, D. Nebraska · 1949

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