American Baptist Home Mission Society v. Stewart
U.S. Circuit Court for the District of Northern West Virginia
In Equity. Bill by the American Baptist Home Mission Society and others against George M. Stewart, as executor of Eliza Stewart, deceased, and others. In April, 1907, Eliza Stewart died testate in Tyler county, W. Ya. By her will she devised her home house and lot in Sistersville to her nephew, George M. Stewart. This house and lot constituted all the real estate of which she died seised. Stewart was also bequeathed all her furniture and household effects.
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In Equity. Bill by the American Baptist Home Mission Society and others against George M. Stewart, as executor of Eliza Stewart, deceased, and others. In April, 1907, Eliza Stewart died testate in Tyler county, W. Ya. By her will she devised her home house and lot in Sistersville to her nephew, George M. Stewart. This house and lot constituted all the real estate of which she died seised. Stewart was also bequeathed all her furniture and household effects. Specific bequests, to the extent of $3,000, were made, after which the residue of estate is bequeathed to the American Baptist Home…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). [1, 2] The question of jurisdiction presented here has been to me a very perplexing one. At first blush, it would seem to be settled by-that line of- decisions of which Byers v. McAuley, 149 U. S. 608, 13 Sup. Ct. 906, 37 L. Ed. 867, is the leading one, where the Supreme Court has held that; (a) Where property is in the actual possession of one court of competent jurisdiction, such possession cannot be disturbed by process out of another court, (b) An administrator appointed by a state court is an officer of that court. His possession of decedent’s property…
2Cases cited11 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Byers v. McAuleySupreme Court of the United States · 1893
- Hess v. ReynoldsSupreme Court of the United States · 1885
- Yonley v. LavenderSupreme Court of the United States · 1875
- Ball v. TompkinsU.S. Circuit Court for the District of Western Michigan · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hastings v. DouglassDistrict Court, N.D. West Virginia · 1918
- In re Kosch, Lewis & ReubenDistrict Court, E.D. New York · 1937