Platt v. Brannan
Supreme Court of Colorado
Appeal from the County Court of Arapahoe County: Hon. Ben B. Lindsey, Judge. This is a controversy over the ownership of a one-half interest in lot 18 in block 1 in Titus’ addition to the city of Denver. Both plaintiffs and defendant claim under the third item of the will of Ellen Platt, deceased, which is reproduced as it was written and punctuated: “I give and devise to my husband.
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Appeal from the County Court of Arapahoe County: Hon. Ben B. Lindsey, Judge. This is a controversy over the ownership of a one-half interest in lot 18 in block 1 in Titus’ addition to the city of Denver. Both plaintiffs and defendant claim under the third item of the will of Ellen Platt, deceased, which is reproduced as it was written and punctuated: “I give and devise to my husband. Samuel Platt, all of my right and interest of. in and to that certain lot or parcel of land, known and described as lot numbered eighteen (18) in block numbered one (1) in Titus Addition to the City of Denver, in…
1Opinion of the CourtJustice Campbell
The sole question for determination is: Was the devise of the Denver lot to Samuel Platt in fee, or for his life only? If he received the fee, the defendant is entitled to recover; if only a life estate, the plaintiffs own the property.
In construing wills, the cardinal and fundamental rule is to ascertain the intent of the testator, and if the same is not contrary to some positive rule of law or against public policy, to give it effect. This intention is to be derived from the language of the will itself. When this is plain and unambiguous, the intent is easily determined; but when there is…
2Cases cited5 opinions
- Green v. HewittIllinois Supreme Court · 1880
- Hauser v. Craft.Supreme Court of North Carolina · 1904
- Connecticut Trust & Safe Deposit Co. v. ChaseSupreme Court of Connecticut · 1903
- Boston Safe Deposit & Trust Co. v. StichSupreme Court of Kansas · 1900
- Loring v. HayesSupreme Judicial Court of Maine · 1894
3Cited by13 opinions
- Pitman v. Colorado National BankSupreme Court of Colorado · 1945
- Hignett v. ShermanSupreme Court of Colorado · 1924
- Kern v. KernIllinois Supreme Court · 1920
- In Re Estate of GerdesSupreme Court of Iowa · 1954
- Pitts v. HowardSupreme Court of Alabama · 1922
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