Atwood v. Rhode Island Hospital Trust Co.

(dissenting in No. 2342). Pursuant to mandate of this court, a decree was entered in the court below on April 28, 1922, construing Davis’ will, codicil, and deed of trust, as creating a resulting trust for his next of kin in the residue of his estate. 275 P. 513. That decree stands unmodified, unreversed, but unobeyed for 7 years. It is res adjudieata of this controversy. In important aspects, the question in this case is whether valid decrees of the federal courts are enforceable in this circuit.

The admission to probate, 11 years after Davis’ death of the deed of trust as part of his will,…