Legal Opinion

Readman v. Ferguson

Court of Appeals for the D.C. Circuit

Decided June 7, 1898No. 783PublishedCited by 2 opinions

Hearing on an appeal by tbe complainants from a decree sustaining a demurrer to and dismissing a bill to establish a will and to perpetuate testimony. The Court in its opinion stated the case as follows: This is a suit in equity instituted in the Supreme Court of the District of Columbia, for the purpose of establishing a will and perpetuating testimony.

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Hearing on an appeal by tbe complainants from a decree sustaining a demurrer to and dismissing a bill to establish a will and to perpetuate testimony. The Court in its opinion stated the case as follows: This is a suit in equity instituted in the Supreme Court of the District of Columbia, for the purpose of establishing a will and perpetuating testimony. It appears from the record before us that one Elizabeth C. Earhart, who died on March 7, 1897, in tbe city of New Orleans, in the State of Louisiana, which was her place of residence, left a last will and testament, executed in tbe city of…

1Opinion of the CourtJustice Morris

As the questions of law involved in the case are suggested by the grounds assigned for the demurrer, it is proper that these should be stated. They are five in number, as-follows:

1. That the courts of Louisiana had acquired jurisdiction of the cause and of the issues therein, and of the sub: ject-matter'of controversy; and that the proceedings were-there pending undetermined, that being also the place of domicile of all the parties.'

2. That inasmuch as the bill of complaint admitted the invalidity of the will as a disposition of personal property* such personal estate should not be subjected…

2Cases cited7 opinions

  1. Case of Broderick's WillSupreme Court of the United States · 1875
  2. McCormick v. SullivantSupreme Court of the United States · 1825
  3. Ellis v. DavisSupreme Court of the United States · 1883
  4. Keer v. Devises of MoonSupreme Court of the United States · 1824
  5. Lewis v. DarlingSupreme Court of the United States · 1854

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
  2. Atchison v. HallCourt of Appeals for the D.C. Circuit · 1970

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