Lucas v. Scott
Court of Appeals for the Ninth Circuit
In Error to the Supreme Court of the Territory of Hawaii. Action by Mary N. Rucas against Walter W. Scott, -Janet M. Scott, and Rubena F. Scott, minors, and the Bishop' Trust Company, Rimited, guardian of their estate. Judgment for defendants, and plaintiff brings error.
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In Error to the Supreme Court of the Territory of Hawaii. Action by Mary N. Rucas against Walter W. Scott, -Janet M. Scott, and Rubena F. Scott, minors, and the Bishop' Trust Company, Rimited, guardian of their estate. Judgment for defendants, and plaintiff brings error. This is a writ of error to' review the judgment of the Supreme Court of Hawaii upon a case submitted to that court under sections 2381, 2382, and 2383 of the Revised Laws of Hawaii of 1915, upon an agreed statement of the fhcts. The facts as agreed to are substantially the following: Christian Henry Bertelmann, of Hawaii,…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). It is the contention of the defendants in error that the words “surviving daughters” in article third relate to the time of the testator’s death; that' Catherine, who survived tire testator, but died before the expiration of the lease, was a surviving daughter within the meaning of that article; that under the will a vested estate, a one-ninth interest, was devised to her which upon her death descended to her three children; that although, if Catherine had survived tire expiration of the lease and her interest could have been defeated by the payment of…
2Cases cited17 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Davis v. GraySupreme Court of the United States · 1873
- Colton v. ColtonSupreme Court of the United States · 1888
- Hardenbergh v. RaySupreme Court of the United States · 1894
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
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3Cited by4 opinions
- Tuecke v. TueckeSupreme Court of Iowa · 1964
- In Re the Estate of CampbellHawaii Supreme Court · 1936
- Campbell v. KawananakoaHawaii Supreme Court · 1937
- Bertelmann v. LucasHawaii Supreme Court · 1928