Cavender v. Cavender
Supreme Court of the United States
APPEAL FEOM THE CIECUIT COUET OF THE UNITED STATES FOE THE EASTERN DISTRICT OF MISSOURI. Robert S. Cavender, the appellee, was the plaintiff in the Circuit Court.
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APPEAL FEOM THE CIECUIT COUET OF THE UNITED STATES FOE THE EASTERN DISTRICT OF MISSOURI. Robert S. Cavender, the appellee, was the plaintiff in the Circuit Court. He stated his case in the bill of complaint substantially as follows: John Cavender, deceased, by his last will and testament, dated May 6, 1858, and proved in the Probate Court of the City — then County — of St. Louis and State of Missouri, February 4, 1862, made and constituted the defendant, John S. Cavender; executor of his estate, and, after payment of debts, as therein mentioned, bequeathed one-half of the remainder of his…
1Opinion of the Court
M-r. Justice Woods
delivered the opinion of the court. He stated the facts in the foregoing language, and continued:
The first contention of the plaintiff in error is that the demurrer to the bill should have been sustained, because the nature of the trust was not therein so sufficiently set forth as to form the foundation of a decree on the part of a court of equity.
Whether the trust was fully and accurately set forth could not be known until the filing of the answer or the taking of the proofs. When the demurrer was heard, from all that then appeared, the exact provisions of the will of the…
2Cases cited5 opinions
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Karr's Administrator v. KarrCourt of Appeals of Kentucky · 1837
- Attorney General v. GarrisonMassachusetts Supreme Judicial Court · 1869
- United States v. Thomas Tingey's AdministratorsSupreme Court of the United States · 1831
- Clemens v. CaldwellCourt of Appeals of Kentucky · 1846
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- Ex parte JonasSupreme Court of Alabama · 1914
- Richardson v. GreenCourt of Appeals for the Ninth Circuit · 1894
- Cunningham v. SpringerNew Mexico Supreme Court · 1905
- City of Denver v. Mercantile Trust Co. of New YorkCourt of Appeals for the Eighth Circuit · 1912
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