Gilmer v. Stone
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. Bill in equity to set aside a will and its probate for uncertainty so far as they related to the residuary devise and. bequest. Decree, dismissing the bill, from which plaintiff appealed. The case is stated in the opinion of the court. cited: 1 Jarman on . Wills, Randolph & Talcotted. 403 n. 3, 404 n.; Story Eq.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS. Bill in equity to set aside a will and its probate for uncertainty so far as they related to the residuary devise and. bequest. Decree, dismissing the bill, from which plaintiff appealed. The case is stated in the opinion of the court. cited: 1 Jarman on . Wills, Randolph & Talcotted. 403 n. 3, 404 n.; Story Eq. Jur. §§ 1158, 1183; Perry on Trusts, §§ 116, 713; Bridges v. Pleasants, 4 Iredell Eq. 26 ;1 Fontain v. Ravenel, 17 How. 369; Wheeler v. Smith, 9 How. 55, 79; Taylor v. Keep, 2 Bradwell, 368;…
1Opinion of the Court
Mé. Justice Harlan
delivered the opinion, of the court.. Robert Gilmer, late of Irish. Grove, Menard County, Illinois, died December 31, 1883, having made a last will by which he disposed of his entire estate, consisting of about four thousand dollars in personal property, and from three to four hundred acres of land in that state. The eleventh clause of the will is in these words: “I also, after paying all debts and claims against my estate, bequeath and devise the remainder of my estate to be equally divided between the board of foreign and the board of home missions.” The object of the…
2Cases cited7 opinions
- Patch v. WhiteSupreme Court of the United States · 1886
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- Morgan v. BurrowsWisconsin Supreme Court · 1878
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- In Re RahnSupreme Court of Missouri · 1927
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