Harmon v. Smith
U.S. Circuit Court for the District of Minnesota
In Equity. Bill to remove cloud on title. On May 16,1863, George K. Swift, a citizen of tbe state of Ohio, made his last will and testament, as follows: ‘"Know all men by these presents that I, George K. Swift, of Warren, in the county of Trumbull and state of Ohio, in view of the uncertainty of our abiding time, do make this my last will and testament: “Item 1. I direct that all my just debts and funeral charges be paid.
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In Equity. Bill to remove cloud on title. On May 16,1863, George K. Swift, a citizen of tbe state of Ohio, made his last will and testament, as follows: ‘"Know all men by these presents that I, George K. Swift, of Warren, in the county of Trumbull and state of Ohio, in view of the uncertainty of our abiding time, do make this my last will and testament: “Item 1. I direct that all my just debts and funeral charges be paid. “Item 2. I hereby request my executor hereinafter named to provide at his discretion suitable monuments for my deceased parents and their deceased children, including what…
1Opinion of the Court
NelsoN, J.,
(after stating the facts as above.') The defendants claim that upon a proper construction of the will the power of sale was not limited to the life-time of Mrs. Harmon, but could be exercised by Kinsman at any time prior to a final distribution of the property to Mrs. Harmon during her life, or afterwards to those succeeding to her rights. It is also claimed that the real estate as well as the personalty was charged with the payment of debts, and when the lots were sold Smith was not bound to inquire whether there -were debts which justified a sale of real estate, or see to the…
2Cases cited6 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Lupton v. LuptonNew York Court of Chancery · 1817
- Young v. BradleySupreme Court of the United States · 1880
- Balls v. DampmanCourt of Appeals of Maryland · 1888
- Matter of City of RochesterNew York Court of Appeals · 1888
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3Cited by6 opinions
- German-American State Bank v. GodmanWashington Supreme Court · 1915
- Grauman, Marx & Cline Co. v. KrienitzWisconsin Supreme Court · 1910
- Stallard v. SutherlandSupreme Court of Virginia · 1921
- Tufto v. KoebelWisconsin Supreme Court · 1937
- Sears, Roebuck & Co. v. BroughtonCourt of Appeals for the Sixth Circuit · 1952
1 more not listed; retrieve them via the Exa API.