Carnahan v. Peabody

(after stating the facts as above). Originally plaintiffs sued as members and representatives of a class composed of all the heirs and descendants of Valentine and Christopher Emeriek, asserting the right to an accounting from the defendants of property alleged to *312have been held by John Jacob Astor, Sr., deceased, under trusts declared by John Nicholas Emeriek in favor of the descendants of his two brothers, Valentine and Christopher. The nature of the suit and the reasons for the dismissal of the first amended bill of complaint are indicated in Carnahan v. Peabody (D. C.) 29 F.(2d) 412. It…