Dahlgren v. Pierce
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Supplemental and ancillary bill by Ulrica D. Pierce, trustee under the will of Samuel F. Vinton, deceased, against John V. Dahlgren, Jr., and others. From an order of the District Court, the named defendant appeals. This is the second chapter of this appeal.
Read the full summary
Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge. Supplemental and ancillary bill by Ulrica D. Pierce, trustee under the will of Samuel F. Vinton, deceased, against John V. Dahlgren, Jr., and others. From an order of the District Court, the named defendant appeals. This is the second chapter of this appeal. After the first opinion herein-(263 Fed. 841) was filed, and before a mandate thereon was issued, the' parties stipulated that “the case may be decided by the court upon the present record, the…
1Opinion of the CourtWestenhaver, District Judge
(after stating the facts as above). [1-3]' Our first task is to construe this will. This requires us merely to ascertain the testator’s intention, and, if his intended disposition of his estate is lawful, to give effect to it. This intention must be ascertained from a consideration of the entire will, but must be extracted from the language used by the testator, and not by conjecture based upon extraneous facts. If the disposition intended by the testator is not lawful, then, as has been well said, the court—
“will follow the scheme of the testator so far and so long as that scheme is…
2Cases cited4 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Fitchie v. BrownSupreme Court of the United States · 1908
- Appeal of CogginsSupreme Court of Pennsylvania · 1889
- Vider v. City of ChicagoIllinois Supreme Court · 1896
3Cited by9 opinions
- Old Kent Bank & Trust Co. v. United StatesCourt of Appeals for the Sixth Circuit · 1966
- Gertman v. BurdickCourt of Appeals for the D.C. Circuit · 1941
- Old Kent Bank And Trust Company v. United StatesCourt of Appeals for the Sixth Circuit · 1966
- Murray v. CommissionerUnited States Board of Tax Appeals · 1938
- Benner & Company and Emil Hrobon v. Atlas Remainder, Inc., May T. Hrobon, Fred H. Johnson, TrusteeCourt of Appeals for the Sixth Circuit · 1969
4 more not listed; retrieve them via the Exa API.