Clark v. Tibbetts

CLARK, Circuit Judge.

This appeal attacks first the jurisdiction and power of the district court to make the declaration it did of rights of the Alien Property Custodian in property originally owned by Mary Martha Taylor, deceased, and second the correctness and propriety of the declaration made. The issues arise because Mrs. Taylor attempted to make provision for her daughter, Martha Sakrausky, and the latter’s issue, through the device of an outright gift by will to a legatee who by prior secret agreement had agreed to dispose of it for the daughter’s benefit as the mother had directed.…