Legal Opinion

Ruppert v. McArdle

District of Columbia Court of Appeals

Decided November 2, 1914No. Nos. 2661 and 2662PublishedCited by 5 opinions

Hearing on cross appeals from an order of the Supreme Court of the District of Columbia holding a Probate Court, directing one executor to pay to another executor a certain sum of money.

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Hearing on cross appeals from an order of the Supreme Court of the District of Columbia holding a Probate Court, directing one executor to pay to another executor a certain sum of money. The Court in the opinion stated the facts as follows: This is an appeal from a decree of the supreme court of the District of Columbia requiring Thomas E. McArdle, executor of the estate of Appolonia Stuntz, to pay to Henry J. Ruppert, executor of the estate of Kate France, the sum of $79.25. ' It appears that Appolonia Stuntz died in the city of Washington, District of Columbia, in 1901, testate, leaving…

1Opinion of the CourtJustice Yan Orsdel

Can the France executor recover in any view of the case? The property in question bequeathed to the life tenant was a *394store. The only way she could derive any use and benefit from it was by selling the goods and replacing them with others of like or different kind.. She was entitled not only to the profit on the goods sold, but the profits of the business generally. She was not required to keep the stock on hand down to the level shown by the original appraisement. She could increase the business in volume and value as she pleased, and any increase so made over the amount of the original…

2Cited by5 opinions

  1. Behles v. CommissionerUnited States Board of Tax Appeals · 1934
  2. Langwell Real Estate Corp. v. CommissionerUnited States Board of Tax Appeals · 1934
  3. Haebler v. CommissionerUnited States Tax Court · 1947
  4. Langwell Real Estate Corp. v. CommissionerUnited States Board of Tax Appeals · 1934
  5. Perfex Corp. v. CommissionerUnited States Board of Tax Appeals · 1932

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