Legal Opinion

United States v. Fox

Supreme Court of the United States

Decided April 16, 1877No. 104PublishedCited by 214 opinions

Error to the Court of Appeals of the State of New York. In February, 1870, Charles Fox, of the city of New York, died possessed of certain personal and real property situated in the State of New York. By his last will and testament, he devised and bequeathed the whole property, after the payment of his debts, to the government of the United States, for the purpose of assisting to discharge the debt created by the war of the Rebellion.

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Error to the Court of Appeals of the State of New York. In February, 1870, Charles Fox, of the city of New York, died possessed of certain personal and real property situated in the State of New York. By his last will and testament, he devised and bequeathed the whole property, after the payment of his debts, to the government of the United States, for the purpose of assisting to discharge the debt created by the war of the Rebellion. By the government of the United States, the body politic, the nation known as the United States was meant. Upon the petition of the District Attorney of the…

1Opinion of the CourtJustice Field

The sole question for our consideration in this ease is the validity of a devise to the United States of real estate situated in the State of New York. The question is to be determined by the laws of that State. It is not-pretended that the United States may not acquire and hold real property in the State, whenever such property is needed for the use of the government in the execution of any of its powers; as, for instance, when needed for arsenals, fortifications, light-houses, customhouses, court-houses, barracks, hospitals, or for any other of the many public purposes for which such…

2Cases cited3 opinions

  1. Kohl v. United StatesSupreme Court of the United States · 1876
  2. McCormick v. SullivantSupreme Court of the United States · 1825
  3. White v. . HowardNew York Court of Appeals · 1871

3Cited by214 opinions

  1. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  2. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  3. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  4. United States v. Standard Oil Co. Of CaliforniaSupreme Court of the United States · 1947
  5. United States v. Cooper Corp.Supreme Court of the United States · 1941

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