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AMERICAN SEC. & TRUST CO. v. SULLIVAN

July 28, 1947

AMERICAN SECURITY & TRUST CO.
v.
SULLIVAN et al.



The opinion of the court was delivered by: CURRAN

This is an action brought by the American Security and Trust Company, a corporation created by and existing under the laws of the District of Columbia, and doing business in said District, as Trustee under the Will of Thomas C. Sullivan, deceased, to have the will construed and to obtain the Court's instructions with respect to the proper distribution of the trust estate created by said will.

The following defendants are sued as nephews and nieces of Thomas C. Sullivan, deceased, all of whom were named as distributees who survived the life beneficiary, Anna J. Stith:

 Defendant #1 -- Walter S. Sullivan

 Defendant #6 -- Edith M. Sullivan Roeser

 Defendant #8 -- Elizabeth Sullivan Miller

 Defendant #15 -- Estelle Sullivan Zeibold

 Defendant #16 -- Earl Sullivan

 Defendant #17 -- Walter Sullivan

 Defendant #18 -- Charles P. Sullivan

 Defendant #19 -- Clara Sullivan Davidson

 Defendant #20 -- Edna Sullivan Messick

 Defendant #21 -- Ruth Sullivan Fetterhoff

 Defendant #22 -- Nellie Sullivan (Elicker) Ankay

 Defendant #23 -- Anna Myrtle Sullivan (Burkit) Hetzler

 Defendant #26 -- Fannie Sullivan Alderson

 Defendant #31 -- Edna MacFadden Smith

 Defendant #33 -- Paul Freeman Oakes

 The complaint alleges that the following named defendants are sued in their hereinafter described capacities:

 Charles Sullivan, who was a nephew of the said testator, died intestate in 1909 leaving him surviving the following children: Gladys C. White, defendant #2; Mildred C. Hawes, defendant #3 and Warren J. Sullivan, defendant #4.

 Samuel M. Sullivan, who was a nepheu of the testator, died in 1935 leaving no issue him surviving. Joseph P. Murphy of Denver, Colorado, was appointed his Administrator, but the administration of this estate has been closed and the said Joseph P. Murphy is now deceased, and, therefore, the unknown heirs at law, next of kin, legatees, devisees and alienees of the said Samuel M. Sullivan are named parties defendant #5.

 James Sullivan, nephew of the said testator, died in 1931 and his wife, Amelia L. Sullivan was the duly appointed administratrix of his estate. Said Amelia Sullivan is now deceased and Martha S. Pray, daughter of James Sullivan, is his only issue and is named as defendant #7.

 Thomas C. Sullivan, II, nephew of the said testator, predeceased the testator, leaving surviving children Chester T. Sullivan, defendant #9; Anna Sullivan Madden, defendant #10 and Alma Sullivan Hunt, who died leaving surviving her, Paul M. Hunt, her husband, who is named as defendant #11, Paul M. Hunt, Jr., her son, who is named ...


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