Higgins v. Eaton
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the North-' era District of New York; George W. Ray, Judge. Suit by Susan S. C. Higgins against Hervey E. Eaton, as executor of the will of Elizabeth S. Eaton, deceased. Decree for complainant (188 Fed. 938), and defendant appeals. Elizabeth S. Eaton was domiciled in Ann Arbor, Mich., and died there in 1906 leaving two instruments purporting to be a will and its codicil.
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Appeal from the Circuit Court of the United States for the North-' era District of New York; George W. Ray, Judge. Suit by Susan S. C. Higgins against Hervey E. Eaton, as executor of the will of Elizabeth S. Eaton, deceased. Decree for complainant (188 Fed. 938), and defendant appeals. Elizabeth S. Eaton was domiciled in Ann Arbor, Mich., and died there in 1906 leaving two instruments purporting to be a will and its codicil. Her principal estate consisted of personal property in the physical possession of the defendant, her brother, in Madison county, N. Y. The defendant was named as executor…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). The will gave the complainant a legacy upon condition that she support the testatrix’s unfortunate brother. The codicil gives a legacy to another person for the same purpose. .The provisions of the codicil are quite inconsistent with those of the will. It is impossible to believe that the testatrix intended to make two distinct provisions for her brother’s support and, in effect, to charge her estate with the same thing twice. We think that if the codicil be in force it revokes the bequest to the complainant in the will. So we come at once to the…
2Cases cited9 opinions
- Blackstone v. MillerSupreme Court of the United States · 1903
- Case of Broderick's WillSupreme Court of the United States · 1875
- Farrell v. O'BrienSupreme Court of the United States · 1905
- Cooper v. BeersIllinois Supreme Court · 1892
- In re Proving the Last Will & Testament of RubensAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by12 opinions
- Estate of MooreCalifornia Court of Appeal · 1961
- In re the Estate of McCulloughNew York Surrogate's Court · 1926
- Boal v. Metropolitan Museum of Art of New YorkCourt of Appeals for the Second Circuit · 1927
- In re the Estate of JamesNew York Surrogate's Court · 1938
- Pickering v. PickeringSupreme Court of Rhode Island · 1940
7 more not listed; retrieve them via the Exa API.