Colton v. Colton
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. These were two-bills in equity, one filed by Martha Colton, and the other by Abigail it.' Colton, each of whom was a citizen.'bf the State of New York, against Ellen M. Colton, a citizen of California. -Martha Colton allegéd in her bill that she was a sister of David D. Colton, who died in San Francisco, California, on October 9, 1878, and that the defendant, Ellen M. Colton, was his widow;…
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA. These were two-bills in equity, one filed by Martha Colton, and the other by Abigail it.' Colton, each of whom was a citizen.'bf the State of New York, against Ellen M. Colton, a citizen of California. -Martha Colton allegéd in her bill that she was a sister of David D. Colton, who died in San Francisco, California, on October 9, 1878, and that the defendant, Ellen M. Colton, was his widow; that on October 8, 1878, the said David D. Colton made and executed in due form his last will and testament, a copy of…
1Opinion of the CourtJustice Matthews
These appeals bring before us the will of David D. Colton for construction. The question is, whether his widow, Ellen M. Colton, by its provisions, takes the whole estate of which he died seized and possessed absolutely in her own right, or whether she takes it charged with a trust enforceable in equity in favor of the complainants, and, if so, to what extent. The language of the will to be construed is as follows: “ I give and bequeath to my said wife,' Ellen M. Colton, all of the estate real and personal, of which I shali die seized, possessed, or entitled to. I recommend to her the care…
2Cases cited4 opinions
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