Blagge v. Miles
U.S. Circuit Court for the District of Massachusetts
[At law. Action by Benjamin Blagge against Sarah B. Miles. This was a writ of entry, in which the demandant claimed the demanded premises as grandson and heir of Sarah Blagge. The tenant claimed under the last will and testament of Sarah Blagge. The case came before the court upon an agreed statement of facts, and was argued by George M. Mason, for the demandant, and by Rufus Choate and George S. Hillard, for the tenant.
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[At law. Action by Benjamin Blagge against Sarah B. Miles. This was a writ of entry, in which the demandant claimed the demanded premises as grandson and heir of Sarah Blagge. The tenant claimed under the last will and testament of Sarah Blagge. The case came before the court upon an agreed statement of facts, and was argued by George M. Mason, for the demandant, and by Rufus Choate and George S. Hillard, for the tenant. The facts in the case, as stated in the opinion of the court, were as follows: Mrs. Hall, by a codicil to her will, duly executed, after revoking the devise of real estate in…
1Opinion of the Court
STOBY, Circuit Justice.
This cause has-been very ably argued upon both sides. It turns principally upon a question, which, rarely occurs in our jurisprudence, the due execution of a power of appointment; and the learning, appropriate to it, has been fully brought before the court in the course of the present discussion. The facts in substance are as follows. (Here the judge recapitulated the facts as before stated, and then proceeded.)
The main question, therefore, is, whether, under the circumstances, Mrs. Blagge, by the devise in her will, has duly executed the-power, given her by the will of…
2Cases cited1 opinion
- Rice v. ParkmanMassachusetts Supreme Judicial Court · 1820
3Cited by75 opinions
- Sewall v. WilmerMassachusetts Supreme Judicial Court · 1882
- Republic National Bank of Dallas v. FredericksTexas Supreme Court · 1955
- Springs v. ScottSupreme Court of North Carolina · 1903
- Farnum v. Pennsylvania Co. for Insurance on Lives & Granting AnnuitiesNew Jersey Court of Chancery · 1916
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
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