McArthur v. Scott
Supreme Court of the United States
APPEAL FROM. THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. This is a bill in equity by the children of Allen C. McArthur, a son of. General Duncan McArthur, to enforce a trust and establish a title in fee in lands in Ohio under the will of their grandfather.
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APPEAL FROM. THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF OHIO. This is a bill in equity by the children of Allen C. McArthur, a son of. General Duncan McArthur, to enforce a trust and establish a title in fee in lands in Ohio under the will of their grandfather. The case was heard in the Circuit Court on the bill and answers, by which it appeared to be as follows: Duncan McArthur, of the Countj of Ross and State of Ohio, died on May 12, 1839, leaving an instrument in writing, dated October 30, 1833, purporting to be duly ^executed and attested as his last will, by…
1Opinion of the CourtJustice Gray
This case presents three principal questions :
First. "Whether the equitable estate in fee. which Duncan McArthur by his will undertook to devise to his grandchildren, children of his five surviving children, was vested or contingent ?
Second. Whether the devise of that estate, so far as it is to the present plaintiffs, was void for remoteness ?
Third. Whether the decree in 1839, setting aside his will and annulling the probate, is a bar to this suit %
I. The principal provisions of the will of Duncan McArthur, material to the decision of this case, are as follows:
By the fifteenth clause, he…
2Cases cited39 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Thatcher v. PowellSupreme Court of the United States · 1821
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Moore v. LyonsNew York Supreme Court · 1840
- Doe v. ConsidineSupreme Court of the United States · 1868
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3Cited by253 opinions
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- Potter v. CouchSupreme Court of the United States · 1891
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