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187 F.2d 216

Docket No. 10238.

Overholser v. Gordon

District of Columbia Circuit Court of Appeals

Argued Nov. 7, 1950.

Decided Jan. 25, 1951.

District of Columbia Circuit Court of Appeals · decided 1951-01-25

Cited by 1 later decisions — most recently January 1951

1 federal appellate ·

2 counsel of record

Relies on Jones v. Dunlap · Holzbeierlein v. Grant

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1951-01-25

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¶1Mr. Joseph A. Sommer, Asst. U. S. Atty., Washington, D. C., with whom Messrs. George Morris Fay, U. S. Atty., and Ross O’Donoghue and Joseph M. Howard, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellant. Mr. L. Clark Ewing, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellant.

¶2Mr. I. Irwin Bolotin, Washington, D. C., for appellee.

¶3Before EDGERTON, PROCT.OR, and BAZELON, Circuit Judges.

¶4PER CURIAM.

¶5This appeal is from an order of the District Court sitting as a Probate Court directing the Superintendent of Saint Eliz-abeths Hospital to pay $3,817 to the administrator of the estate of a deceased patient, for the sole purpose of paying a claim of the District of Columbia to recover money the District had paid the Hospital for the patient’s support. The Superintendent had received the amount in suit from the Veteran’s Administration as a pension to which the patient was entitled, and had held it in the patient’s pension account.

¶6A statute requires the hospital to apply the unexpended balance of a deceased patient’s pension money "to the general uses of said hospital”. 35 Stat. 593, 24 U.S.C.A. § 165. Moreover, the United States has not consented to be sued. But we need not consider those points, for the Probate Court “has no jurisdiction to decide a dispute regarding the title or the right of possession of personal property.” Jones v. Dunlap, 73 App.D.C. 59, 115 F.2d 689. Holzbeierlein v. Grant, 73 App.D.C. 154, 117 F.2d 26. The judgment must therefore be reversed for want of jurisdiction.

¶7Reversed.

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