Schram

This is a companion case to Schram v. Poole, 9 Cir., 97 F.2d 566 , June 16, 1938, and Schram v. Smith et al., 9 Cir., 97 F.2d 662 , this day decided.

The bill herein contained substantially the same allegations with regard to the liability as the bill considered in the two cases referred to. In addition the bill alleged that George Barton Peck died in Arizona on October 23, 1928, leaving a will. Thereafter the will was probated, and the widow, Marion A. Peck (now appellee Leyda), was appointed administratrix with will annexed of deceased’s estate, and qualified by filing a bond, which was signed by The Massachusetts Bonding & Insurance Company, as surety.

Within sixty days prior to February 11, 1933, the personal property of deceased’s estate in the hands of the administratrix, included 267 shares of stock in Detroit Banker’s Company, a Michigan corporation, the holding company, which held the stock of The First National Bank-Detroit, a national banking association. On February 11, 1933, the personal property of deceased’s estate in the hands of fhe administratrix included 360 shares of additional stock in the holding company. Assessment of the liability imposed by 12 U.S.C.A. §…