252 F.2d 854 (D.C. Cir. 1958), 13752, Blackwelder v. Collins

Docket Nº:13752, 13972, 13753, 13973.
Citation:252 F.2d 854
Party Name:Leroy J. BLACKWELDER, Appellant, v. Linton M. COLLINS, Collector of the Estate of Frederick A. Sterling, Deceased, Appellee. P. David STERLING, Appellant, v. Linton M. COLLINS, Collector of the Estate of Frederick A. Sterling, Deceased, Appellee.
Case Date:February 20, 1958
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit

Page 854

252 F.2d 854 (D.C. Cir. 1958)

Leroy J. BLACKWELDER, Appellant,

v.

Linton M. COLLINS, Collector of the Estate of Frederick A. Sterling, Deceased, Appellee.

P. David STERLING, Appellant,

v.

Linton M. COLLINS, Collector of the Estate of Frederick A. Sterling, Deceased, Appellee.

Nos. 13752, 13972, 13753, 13973.

United States Court of Appeals, District of Columbia Circuit.

February 20, 1958

Argued Dec. 5, 1957.

Page 855

Mr. Mark P. Friedlander, Washington, D.C., with whom Mr. Samuel L. Mensh, Washington, D.C., was on the brief, for appellants.

Mr. Justin L. Edgerton, Washington, D.C., for appellee.

Before EDGERTON, Chief Judge, and WASHINGTON and BASTIAN, Circuit judges.

PER CURIAM.

These cases involve a family dispute over the assets of Frederick A. Sterling, the details of which need not be recited here. In Nos. 13,752 and 13,753, the controversy turns on a power of attorney given by Frederick A. Sterling on August 10, 1956, to appellant P. David Sterling. The District Court found that Frederick A. Sterling was on that date not mentally competent to execute the power of attorney. On the basis of that finding, which we cannot say on the record before us is clearly erroneous, we affirm the judgments in No. 13,752 and No. 13,753, both entered on January 9, 1957.

In the contempt cases, No. 13,972 and 13,973, both orders directed imprisonment for failure to pay to the conservator of the property of Frederick A. Sterling, or into the registry of the court, 'the sum of $57,009.62,' as directed in the judgments (here affirmed) in Nos. 13,752 and 13,753. Those judgments do not require the payment of any specifically identified or identifiable money, and would be satisfied by the payment of the amount in legal tender from any source. Section 11-326 of the District of Columbia Code forbids imprisonment for contempt of a decree which 'only directs the payment of money' except in cases where imprisonment is 'especially provided for.' Cf. Lundregan v. Lundregan, 102 U.S.App.D.C. , 252 F.2d 823 (1958). Appellees ponit to no statute providing for imprisonment in circumstances like the present. In No. 13,972 the part of the order adjudicating appellant Blackwelder in contempt for not paying the sum of $57,009.62 is affirmed, but to the extent that the order directs his imprisonment it must be reversed for the reason just given. Our...

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