Bowen v. Howenstein
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the caveator from a decree of the-Supreme Court of the District of Columbia sitting as a probate court confirming the probate of a will and dismissing a caveat.. The Court in the opinion stated the facts as follows: This is an appeal from a decree in the supreme court of the District, confirming the probate of the will of Rose Eraemer «and dismissing the caveat of Carrie Bowen, appellant.
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Hearing on an appeal by the caveator from a decree of the-Supreme Court of the District of Columbia sitting as a probate court confirming the probate of a will and dismissing a caveat.. The Court in the opinion stated the facts as follows: This is an appeal from a decree in the supreme court of the District, confirming the probate of the will of Rose Eraemer «and dismissing the caveat of Carrie Bowen, appellant. Mrs. Eraemer died on December 4,1910, leaving a will dated September 30, 1910. By this will, after disposing of a few «mall pieces of jewelry, she left her property to Herman R.…
1Opinion of the CourtJustice Kobe
The doctrine of estoppel in pais is founded upon principles of morality, and is intended to subserve the ends of justice. “It is a doctrine, therefore, when properly understood and applied, that concludes the truth in order to prevent fraud and falsehood, and imposes silence on a party when in conscience and honesty he should not be allowed to speak.” Van Rensselaer v. Kearney, 11 How. 297, 326, 13 L. ed. 703, 715.
In Henshaw v. Bissell, 18 Wall. 255, 271, 21 L. ed. 835, 840, the court observed: “An estoppel in pais is sometimes said to be a moral question. Certain it is that to the…
2Cases cited15 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Fletcher v. HolmesIndiana Supreme Court · 1865
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Henshaw v. BissellSupreme Court of the United States · 1874
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marguerite S. McNamara v. Lincoln T. Miller, Sr. And the Riggs National Bank of Washington, D. C., Executors of the Estate of Ralph C. Tobin, DeceasedCourt of Appeals for the D.C. Circuit · 1959
- In Re Estate of Dorothy H. Burrough, Deceased. Ann Burrough (Donovan) Cennamo v. American Security & Trust CompanyCourt of Appeals for the D.C. Circuit · 1973
- Service Parking Corp. v. Trans-Lux Radio City Corp.District of Columbia Court of Appeals · 1946
- In Re Estate of HimmelfarbDistrict of Columbia Court of Appeals · 1975
- Himmelfarb v. GreenspoonDistrict of Columbia Court of Appeals · 1975
3 more not listed; retrieve them via the Exa API.