Ohlendiek v. Schuler

MACK, Circuit Judge.

Appeal from decree dismissing the bill on the merits. The bill, sustained by this court in 299 F. 182, as against a motion to dismiss, alleg-es as follows: Defendants aro the beneficiaries of the will made in 1908 of one lioetteher, a resident of Cincinnati, owning real and personal property there. For years preceding his death in 1920, he had lived in Germany, being supported and nursed by plaintiff in consideration of Ms promise to pay therefor; this promise he was unable to perform while Ms property remained in the possession of the Alien Property Custodian. Finally,…