Coulam v. Doull
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. John Coulam of Salt Lake City, in-the county of Sait Lake and Territory of Utah, died at that place' on the 20th day of Hay, a.d. 1877, leaving him surviving, his widow, now Ann Doull, (she having since his death ■ intermarried with one George Doull,) and John Coulam, George Coulam, Henry Coulam," Fanny Baker and Sarah J. Heiner, his children and bnly heirs-at-law.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF UTAH. John Coulam of Salt Lake City, in-the county of Sait Lake and Territory of Utah, died at that place' on the 20th day of Hay, a.d. 1877, leaving him surviving, his widow, now Ann Doull, (she having since his death ■ intermarried with one George Doull,) and John Coulam, George Coulam, Henry Coulam," Fanny Baker and Sarah J. Heiner, his children and bnly heirs-at-law. At the time of his death, the said John Coulam was seized in fee. simple, and in possession, of the following described real property, to wit: “All of lot No. six (6), in…
1Opinion of the CourtChief Justice Fuller
Accepting the finding of fact that the testator intentionally-excluded his children from any share of the property disposed of by the will, respecting which, upon this record, there could be no. doubt, the only question in the case is as to - whether the court erred in admitting extrinsic evidence to establish that the .omission to provide for the children was intentional. . The solution of; this question depends, upon the proper construction of the statutes of Utah bearing upon the subject.
Under those statutes a will or codicil to “ pass the estate of the devisor ” must be in- writing; and…
2Cases cited8 opinions
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Brush v. WilkinsNew York Court of Chancery · 1820
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- Buckley v. GerardMassachusetts Supreme Judicial Court · 1877
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3Cited by36 opinions
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