Frosch v. Monday
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainant, and certain of the defendants from a decree of the Supreme Court of the District of Columbia, sitting as an equity court in a suit for the construction of a deed in trust.
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Hearing on an appeal by the complainant, and certain of the defendants from a decree of the Supreme Court of the District of Columbia, sitting as an equity court in a suit for the construction of a deed in trust. The Court in the opinion stated the facts as follows: This is an appeal from the.decision of the supreme court of the Distinct of Columbia involving the construction of a deed of trust given by John Walter, Sr., on June 18, 1869, whereby certain real estate in the District of Columbia and certain securities for moneys due him were conveyed to John Walter,Jr., in trust for the grantor…
1Opinion of the CourtJustice Van Orsdel
The deed here in question is in the nature of an executory trust. In construing such an instrument, it is the duty of the court to ascertain the intent of the grantor, and to give force and •effect to such intent when not repugnant to any rule of law. This being a deed, “the construction must be-upon the view and *345comparison of the whole instrument and with an endeavor to give every part of it meaning and effect.” Jackson ex dem. Ludlow v. Myers, 3 Johns. 388, 395, 3 Am. Dec. 504. The deed before us calls for the application of the same rules of construction which are employed generally by…
2Cases cited18 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
- McCartney v. OsburnIllinois Supreme Court · 1886
- Walsh v. HillCalifornia Supreme Court · 1869
- McClure's AppealSupreme Court of Pennsylvania · 1873
13 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gabriel Di Giovanni v. Anthony Di Giovannantonio, Jr.Court of Appeals for the D.C. Circuit · 1956
- Frosch v. WalterSupreme Court of the United States · 1913