Little v. Giles
Nebraska Supreme Court
Appeal from the district court of Lancaster county - Heard below before Chapman, J. cited: Giles v. Little, 104 U. S., 293. Tt is the universal rule in construction of wills, to ascertain the intention of the testator from the words of tire-will, and if they be ambiguous, then and not till then, from the words of the will and the circumstances of the testator at the time of his death. Millett v. Ford, 109 Ind., 159, and cases cited. Taubenlmn v. Lunz (111.), Vol.
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Appeal from the district court of Lancaster county - Heard below before Chapman, J. cited: Giles v. Little, 104 U. S., 293. Tt is the universal rule in construction of wills, to ascertain the intention of the testator from the words of tire-will, and if they be ambiguous, then and not till then, from the words of the will and the circumstances of the testator at the time of his death. Millett v. Ford, 109 Ind., 159, and cases cited. Taubenlmn v. Lunz (111.), Vol. IT N. E. R., 456, and cases cited. Allen’s Fixers, v. Alleny 18 How., 385. Regard must be paid to the paramount idea of the…
1Opinion of the CourtMaxwell, J.
This action was instituted by the plaintiffs, sixty-nine in number, against the defendants, to quiet the title to certain real estate in the city of Lincoln. Jacob .Dawson was the common source of title, and the plaintiffs claim under his widow, the defendants claim under his children, and ■the determination of the case depends upon the construction of the will of said Jacob Dawson, made on the 10th day of May, 1869. He died on the 18th day of June following, leaving surviving him his wife, Editlia J. Dawson, and six minor children. The will, omitting the formal parts, is as follows:
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2Cases cited12 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Ide v. IdeMassachusetts Supreme Judicial Court · 1809
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Giles v. LittleSupreme Court of the United States · 1881
- Campbell v. . BeaumontNew York Court of Appeals · 1883
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3Cited by40 opinions
- Ernst v. FosterSupreme Court of Kansas · 1897
- Savage v. SavageOregon Supreme Court · 1908
- Baker v. Estate of McLeodWisconsin Supreme Court · 1891
- Peet v. PeetIllinois Supreme Court · 1907
- Abbott v. WagnerNebraska Supreme Court · 1922
35 more not listed; retrieve them via the Exa API.