Legal Opinion

Crenshaw v. McCormick

Court of Appeals for the D.C. Circuit

Decided April 1, 1902No. 1171PublishedCited by 5 opinions

Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia construing a will, in a suit for that purpose.

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Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia construing a will, in a suit for that purpose. The Court in its opinion stated the case as follows: The bill in this case was filed by the appellants, B. Parker Crenshaw, Augustus P. Crenshaw, Susie Crenshaw, Elizabeth O. Thompson, John F. Beed, Nannie P. Beed, Miles K. Crenshaw, Mary E. Crenshaw, M. Millson Crenshaw and Elizabeth J. Crenshaw, to obtain a judicial construction of the last will and testament of Mrs. Mary S. Millson, deceased. It is shown by the allegations of the bill that…

1Opinion of the CourtChief Justice Alvey

As we have stated, there is no contention or pretense on the part of the complainants that the real estate in controversy passed or was affected by the codicil made to the will of Mrs. Malison. The single question, therefore, is, whether the real estate in controversy, having been acquired by the testatrix after the making of her will, passed by the residuary clause thereof, upon the proper construction of that clause, in accordance with the terms of the act of Congress of January 18, 1887 (24 Stat. 361, Ch. 25, Sec. 2). By that act it is provided, that —

“Any will hereafter executed, devising…

2Cases cited2 opinions

  1. Joseph Wilkins v. David AllenSupreme Court of the United States · 1856
  2. Smith and Others v. EdringtonSupreme Court of the United States · 1814

3Cited by5 opinions

  1. Baker v. National Savings and Trust Co.Court of Appeals for the D.C. Circuit · 1950
  2. In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
  3. Atchison v. HallCourt of Appeals for the D.C. Circuit · 1970
  4. Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942
  5. Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942

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