Legal Opinion

Dahlgren v. Pierce

Court of Appeals for the Sixth Circuit

Decided January 6, 1920No. 3291PublishedCited by 17 opinions

Appeal from the District Court of the United States for the Western Division of the Southern District of Ohio; Howard C. Hollister, Judge._____ Supplemental and ancillary bill by Ulrica D. Pierce, trustee tinder the will of Samuel F. Vinton, deceased, against John V. Dahlgren, Jr., and others. From an order of the District Court, John V. Dahlgren, Jr., appeals.

1Per curiam

[1] 1. The bill filed by the'trustee was properly enough denominated “supplemental and ancillary,” and the trustee thereby rightfully called upon the court below to give instructions to her as to her current duties and to construe the will as far as necessary for that purpose. The estate and the trust were rightfully brought into that court in the first instance,3 and it had never lost jurisdiction for the due administration of the trust. The right to give instructions to the trustee is inherent in such situation, and power to construe the will must underlie the right to give instructions. We…

2Cases cited9 opinions

  1. Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
  2. Jones v. AndrewsSupreme Court of the United States · 1870
  3. Ladew v. Tennessee Copper Co.Supreme Court of the United States · 1910
  4. Chase v. WetzlarSupreme Court of the United States · 1912
  5. CITIZENS'SAV. & TR. CO. v. Illinois Cent. RRSupreme Court of the United States · 1907

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

3Cited by17 opinions

  1. Salmon Falls Mfg. Co. v. Midland Tire & Rubber Co.Court of Appeals for the Sixth Circuit · 1922
  2. Grable v. KillitsCourt of Appeals for the Sixth Circuit · 1922
  3. First Nat. Bank of Negaunee v. FoxCourt of Appeals for the Sixth Circuit · 1940
  4. Ervin v. QuintanillaCourt of Appeals for the Fifth Circuit · 1938
  5. Wilson v. BeardCourt of Appeals for the Second Circuit · 1928

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

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