Comstock v. Herron
Court of Appeals for the Sixth Circuit
Appeals from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. Bill by Nellie P. B. Comstock, a citizen of Indiana, and a beneficiary and residuary legatee under tbe will of Margaret R. Poor, deceased, against John W. Herron and William H. Fisber, citizens of Ohio, as trustees and executors under the will, to enforce tbe execution of tbe trusts in her favor.
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Appeals from the Circuit Court of the United States for the Western Division of the Southern District of Ohio. In Equity. Bill by Nellie P. B. Comstock, a citizen of Indiana, and a beneficiary and residuary legatee under tbe will of Margaret R. Poor, deceased, against John W. Herron and William H. Fisber, citizens of Ohio, as trustees and executors under the will, to enforce tbe execution of tbe trusts in her favor. David McKnigbt Barr and Adele W. Lee, also beneficiaries and legatees, were made parties defendant; and subsequently Margaret E. Merrill, a citizen of Kentucky, William B..…
1Opinion of the Court
S EVERETTS, District Judge,
(after stating the facts.) Upon fixe foregoing facts, us gathered by us from the pleadings and proofs, we think that there is error in the decree, in both particulars complained of. It is clear that, upon a proper construction of Mrs. Poor’s will, the annuities which the trustees were required to pay to Sirs. Comstock and to David M. Barr until the permanent investments should he made for each of them were specific charges upon the estate itself, the whole fund, in the hands of the trustees. The beneficiaries were net restricted to the income of the estate as the…
2Cases cited11 opinions
- Payne v. HookSupreme Court of the United States · 1869
- Case of Broderick's WillSupreme Court of the United States · 1875
- Simmons v. SaulSupreme Court of the United States · 1891
- Green's Administratrix v. CreightonSupreme Court of the United States · 1860
- Wheeler v. SmithSupreme Court of the United States · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Eddy v. EddyCourt of Appeals for the Sixth Circuit · 1909
- Ingram v. LewisCourt of Appeals for the Tenth Circuit · 1930
- Cowen v. AdamsCourt of Appeals for the Sixth Circuit · 1897
- Underground Electric Rys. Co. of London v. OwsletCourt of Appeals for the Second Circuit · 1909
- United States ex rel. Mudsill Min. Co. v. SwanCourt of Appeals for the Sixth Circuit · 1895
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