Turner v. Turner
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District John R. Thomas, Judge. Bill by Fred E. Turner against Clarence W. Turner, as executor of the last will and testament of JohnE. Turner, deceased, and others, for a construction of th§ will. Decree for defenndants. Plaintiff appeals. On the 4th day of November, 1898, John E. Turner, of Muskogee, Ind. T., executed his last will and testament.
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Appeal from the United States Court for the Northern District John R. Thomas, Judge. Bill by Fred E. Turner against Clarence W. Turner, as executor of the last will and testament of JohnE. Turner, deceased, and others, for a construction of th§ will. Decree for defenndants. Plaintiff appeals. On the 4th day of November, 1898, John E. Turner, of Muskogee, Ind. T., executed his last will and testament. He died on the 10th day of December, 1898, leaving Julia A. Turner, his widow, and Clarence W. Turner, Fred E. Turner, and Effie J. Kirkwood, his children, him surviving. Clarence W. Turner was…
1Opinion of the CourtTownsend, C. J.
*586a Request oí personalty is withstancSng" umitatkm. *584There can be no question that the clause of the will that was construed by the court, and from which finding this appeal is prosecuted, was an absolute bequest of the store building described and the stock of goods mentioned to Fred E. Turner; the only limitation being that after his death said property was to be converted into money and divided among the testator’s grandchildren. Said “Fred E. Turner shall collect the rents from said building, and out *585of the rents keep the building in good repair, and shall be entitled to all the profits of…
2Cases cited8 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Giles v. LittleSupreme Court of the United States · 1881
- Roberts v. LewisSupreme Court of the United States · 1894
- Patty v. GoolsbySupreme Court of Arkansas · 1888
- Wellford v. SnyderSupreme Court of the United States · 1890
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3Cited by2 opinions
- Turner v. Old Homestead Co.Supreme Court of Oklahoma · 1918
- Turner v. TurnerSupreme Court of Oklahoma · 1918