Kober

This is an action brought under the provisions of Title 50 U.S.C.A.Appendix, § 9(a) for the recovery of certain property which was vested in the Alien Property Custodian pursuant to a vesting order dated, according to the allegations of the plaintiff’s complaint, December 19, 1950. There appears to be no dispute over the facts. On July 15, 1922, one George M. Kober executed an inter vivos trust, naming plaintiff trustee of certain property. There were eight beneficiaries of the trust so created. All of these beneficiaries were then residents of Germany, and have remained residents of Germany to this date. It is the property which is the res of this trust, which plaintiff by this action now seeks to recover. The principal provisions of the trust instructed the trustee to pay the income from the corpus to the named beneficiaries, with remainders in their legal heirs, and further gave to the said trustee the power to distribute the corpus to the beneficiaries at “such a time as he may deem it wise and proper.” Thereafter, the Alien Property Custodian, having determined that the beneficial owners of the corpus of this trust were all “enemies” within the meaning of the Trading With the…