Potter v. Couch
Supreme Court of the United States
APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. These were appeals from a< decree in' equity by various persons-' asserting claims' to the real estate devised by Ira Couch, .who.died January 28, T857, to his brother James and to his nephew Ira, by his will dated November 12, 1855, and duly admitted tjo probate March 21, 1857, by which he appointed his -wife daroline E. Couch, his brother James Couch -and his' brother-in-law.William…
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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS. These were appeals from a< decree in' equity by various persons-' asserting claims' to the real estate devised by Ira Couch, .who.died January 28, T857, to his brother James and to his nephew Ira, by his will dated November 12, 1855, and duly admitted tjo probate March 21, 1857, by which he appointed his -wife daroline E. Couch, his brother James Couch -and his' brother-in-law.William H. Wood executors and- trustees, and •' devised and- bequeathed all his property, real and personal, to •them in trust,…
1Opinion of the CourtJustice Gray
The matters in controversy concern those shares only of Ira Couch’s real estate, which he devised tó his brother James and • to his nephew Ira, the son of James.
1. In order to ascertain the nature and the time of vesting of their interests; it is important in the first place to determine the extent and duration of the trust estate- of the executors and trustees named in the will, bearing in mind the settled rule that whether trustees take an estate in fee depends upon the- requirements of the. trust, and not upon the insertion of words of inheritance. Doe v. Considine, 6 Wall. 458; Young v.…
2Cases cited20 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- McArthur v. ScottSupreme Court of the United States · 1885
- Manice v. . ManiceNew York Court of Appeals · 1871
- Nichols v. EatonSupreme Court of the United States · 1875
- Doe v. ConsidineSupreme Court of the United States · 1868
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3Cited by101 opinions
- Hopkins v. GrimshawSupreme Court of the United States · 1897
- Dulin v. MooreTexas Supreme Court · 1902
- Pattin v. ScottSupreme Court of Pennsylvania · 1921
- Roberts v. LewisSupreme Court of the United States · 1894
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
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