LOWE v. McDONALD

221 F.2d 228 Grace LOWE, Executrix of the Estate of Evelyn Mahan and Grace Lowe, individually, as sole heir of Evelyn Mahan, deceased, Appellant, v. James McDONALD, Charles Creavey and James H. Pierce, Appellees. No. 14153. United States Court of Appeals Ninth Circuit. April 11, 1955. 1 Grace Lowe, in pro. per. 2 Warren A. Taylor, Fairbanks, Alaska, for appellee. 3 Before ORR and FEE, Circuit Judges, and DRIVER, District Judge. 4 DRIVER, District Judge. 5 In March, 1947, Evelyn Mahan executed a lease, covering certain mining claims in the Fairbanks, Alaska area, to James McDonald. In association with Charles Creavey and James H. Pierce, he mined the claims under the lease until August, 1948, when the operation was discontinued. Mrs. Mahan died in February, 1950, leaving a will which named Grace Lowe as executrix and sole legatee. In February, 1953, Grace Lowe, as executrix and "sole heir" of the estate of Evelyn Mahan, commenced the present action in the District Court against McDonald and his associates. Five causes of action were alleged in the complaint. A trial before the court without a jury resulted in judgment for the defendants and the present appeal followed. 6 The fifth…