Given v. Hilton
Supreme Court of the United States
Appeal from thh Supreme Court of the District Of Columbia. The bill in this caso was filed by John Emory Hilton and certain other heirs-at-law and next of kin of John P. Hilton, against JohnT.
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Appeal from thh Supreme Court of the District Of Columbia. The bill in this caso was filed by John Emory Hilton and certain other heirs-at-law and next of kin of John P. Hilton, against JohnT. Given and Carberry S. Hilton, his executors and others,.to obtain judicial construction of his last will and testament. ' It prayed for an injunction restraining the executors from selling any portion of the real estate until they should first have applied the personal estate to the payment of debts and the legacies specified in the will, and, in the event of any deficiency, then to sell no greater…
1Opinion of the CourtJustice Strong
The ultimate question in this case is what passed under the residuary clause of the testator’s will. It c.an be answered intelligently only after a careful examination of all the provisions of the instrument, and an ascertainment therefrom of the testator’s general scheme. That he intended to make a complete disposition of. all his property,.leaving none to pass under the intestate laws, is abundantly manifest. He commenced by declaring that, after his debts and funeral charges were paid, he devised and bequeathed the worldly estate with which it had pleased God to intrust him. Next followed…
2Cases cited1 opinion
- Vernon v. . VernonNew York Court of Appeals · 1873
3Cited by62 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- In re Donges's EstateWisconsin Supreme Court · 1899
- Hardenbergh v. RaySupreme Court of the United States · 1894
- Church Extension of the Methodist Episcopal Church v. Smith ex rel. GuerkeCourt of Appeals of Maryland · 1881
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