Fitchie v. Brown
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The parties to this proceeding agreed upon a case, without action, containing the facts upon which a controversy had arisen between them, and submitted the same to the Supreme Court of the Territory of Hawaii;, conformably to the laws of that Territory.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF HAWAII. The parties to this proceeding agreed upon a case, without action, containing the facts upon which a controversy had arisen between them, and submitted the same to the Supreme Court of the Territory of Hawaii;, conformably to the laws of that Territory. The court heard the case and made a decree therein, from which those named above as plaintiffs in the submission have appealed to this court, but the defendant executors have not appealed. From the agreed statement of facts contained in the submission it appears that one George…
1Opinion of the Court
Mu. Justice Peckham,
after making the foregoing statement, delivered the opinion of the court.
In the view we take of the case there aye but two questions necessary to be noticed,, and they involve the validity of the trust and the disposition of the surplus income. The appel- lánts, who are the heirs of testator, insist, first, that the provision in the will for final distribution, ordering the trust fund to be divided equally among those persons entitled at that time to the annuities mentioned, is invalid, because there is no direction in the will as to when it is to take place, and therefore…
2Cases cited2 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- In Re the Estate of McGrawNew York Court of Appeals · 1888
3Cited by58 opinions
- Stuart Kingston, Inc. v. RobinsonSupreme Court of Delaware · 1991
- Helvering v. PfeifferSupreme Court of the United States · 1937
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Ferrero Construction Co. v. Dennis Rourke Corp.Court of Appeals of Maryland · 1988
- Quigley's EstateSupreme Court of Pennsylvania · 1938
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