Legal Opinion

McIntire v. McIntire

Supreme Court of the United States

Decided January 4, 1904No. 84, 85PublishedCited by 37 opinions

APPEALS PROM, AND IN ERROR TO,' THE COURT OF APPEALS OF ‘ THE DISTRICT OF COLUMBIA. The facts are stated in the opinion. Division should have been per stirpes and not per capita. White v. Holland, 92 Georgia, 216; Ihrie’s Estate, 162 Pa. St. 369; Green’s Estate, 140 Pa.

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APPEALS PROM, AND IN ERROR TO,' THE COURT OF APPEALS OF ‘ THE DISTRICT OF COLUMBIA. The facts are stated in the opinion. Division should have been per stirpes and not per capita. White v. Holland, 92 Georgia, 216; Ihrie’s Estate, 162 Pa. St. 369; Green’s Estate, 140 Pa. St. 253; Risk’s Appeal, 52 Pennsylvania, 269; Walker v. Griffin, 11 Wheat. 375; Records v. Fields, 155 Missouri, 314. Gases cited by the Court of Appeals and on administrator’s brief; distinguished, and as to Maryland cases, see Alder v. Beall, 11 G. & J. 123. Webb v. Blackler, 2 P. Wms. 383, has been shaken if not entirely…

1Opinion of the CourtJustice Holmes

delivered the opinion of the court.. These are cross appeals from- the Court of Appeals of the District of Columbia. 14 App. D. C. 337. To avoid all questions of form there are also writs or error on. the same grounds. The appeal of Charles MeIntire is.from the overruling of exceptions to the final account of the administrator with the will annexed of the estate of David MeIntire, and presents two questions, one-of construction and one of administration outside the terms of the will. .The probate of the will already has been before this court. 162 U. S. 383.

The question of construction is the…

2Cases cited8 opinions

  1. Walker v. Griffin's HeirsSupreme Court of the United States · 1826
  2. Brittain v. CarsonCourt of Appeals of Maryland · 1877
  3. Plummer v. ShepherdCourt of Appeals of Maryland · 1902
  4. Collins v. FeatherWest Virginia Supreme Court · 1902
  5. Myres v. MyresNew York Supreme Court · 1862

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3Cited by37 opinions

  1. Kalbach v. ClarkSupreme Court of Iowa · 1907
  2. Hoadley v. BeardsleySupreme Court of Connecticut · 1915
  3. Re Faling EstateOregon Supreme Court · 1924
  4. Stanley v. Henderson, Ind. Extr.Texas Supreme Court · 1942
  5. Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949

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