Legal Opinion

Eaton v. Brown

Supreme Court of the United States

Decided March 14, 1904No. 171PublishedCited by 50 opinions

APPEAL FROM AND ERROR TO THE COURT OF APPEALS OF TH® DISTRICT OF COLUMBIA. The facts are stated in the opinion of the court. It appears plainly that testatrix intended the disposition of her property to become effectual only in .case of the happening of the contingency specified in- the will. Parsons v. Lanoe, 1 Ves. Sr. 190; S. C., Ambler, 557; Sinclair v. Hone, 6 Ves. Jr. 607; Estate of Winn, 2 Sw. & Tr. 47; Roberts v. Roberts, 8 Jur.

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APPEAL FROM AND ERROR TO THE COURT OF APPEALS OF TH® DISTRICT OF COLUMBIA. The facts are stated in the opinion of the court. It appears plainly that testatrix intended the disposition of her property to become effectual only in .case of the happening of the contingency specified in- the will. Parsons v. Lanoe, 1 Ves. Sr. 190; S. C., Ambler, 557; Sinclair v. Hone, 6 Ves. Jr. 607; Estate of Winn, 2 Sw. & Tr. 47; Roberts v. Roberts, 8 Jur. N. S. 220; Matter of Porter, L. R. 2 P. & D. 22; In re Robinson, L. R. 2 P. & D. 171; Lindsay v. Lindsay, L. R. 2 P. & D. 449; In re Ward, 4 Hagg. 179; In re…

1Opinion of the CourtJustice Holmes

delivered the'.opinion of the court.

The question in this case is whether the following instrument is entitled to probate:

“Washington, D. C. Aug. 31"/001.
“I am going on a Journey and may, not ever return. ■ And if I do not, this is my last request. The Mortgage on the King House, wich is in the possession of Mr H H Brown to go to the Methodist Church at Bloomingburgh All the rest of my properday both real and personal to My adopted Son L. B. Eaton of the life Saving Service, Treasury Department Washington D. C, All I have is my one hard earnings and and I propose to leave it to whome I please.…

2Cases cited4 opinions

  1. French v. FrenchWest Virginia Supreme Court · 1877
  2. Case of Todd's WillSupreme Court of Pennsylvania · 1841
  3. Skipwith v. Cabell's Ex'orSupreme Court of Virginia · 1870
  4. Bradford's Admx. v. BradfordCourt of Appeals of Kentucky · 1883

3Cited by50 opinions

  1. Ferguson v. FergusonTexas Supreme Court · 1931
  2. In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
  3. Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
  4. In re Will of TinsleySupreme Court of Iowa · 1919
  5. Estate of TaylorCalifornia Court of Appeal · 1953

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