Plant v. Donaldson
Court of Appeals for the D.C. Circuit
Hearing on an appeal by legatees from a decree of tbe Supreme Court of the District of Columbia sitting as an equity court, construing a will, and holding legacies to be specific legacies and adeemed. The Court in the opinion stated the facts as follows: This is an appeal from a decree construing the will of Rosa G. Simms, deceased, and directing the distribution of her estate. Rosa Gr.
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Hearing on an appeal by legatees from a decree of tbe Supreme Court of the District of Columbia sitting as an equity court, construing a will, and holding legacies to be specific legacies and adeemed. The Court in the opinion stated the facts as follows: This is an appeal from a decree construing the will of Rosa G. Simms, deceased, and directing the distribution of her estate. Rosa Gr. Simms died December 25, 1909, leaving a will executed March 5, 1900, which was duly probated April 6, 1910. The will contains the following items, and another constituting R. Golden Donaldson executor, without…
1Opinion of the CourtChief Justice Shepard
A specific legacy is the bequest of a particular thing, or a specified part of a testator’s property distinguished from all others of the same kind. If the will indicates not the gift of the specified part of the estate, but its designation only, as a certain interest or fund from which the bequest shall be primarily paid or satisfied, it is a demonstrative legacy. Douglass v. Douglass, 13 App. D. C. 21-26; Kenaday v. Sinnott, 179 U. S. 606-619, 45 L. ed. 339, 346, 21 Sup. Ct. Rep. 233; Gelbach v. Shively, 67 Md. 498—501, 10 Atl. 247.
The same authorities maintain the following as settled…
2Cases cited5 opinions
- Kenaday v. SinnottSupreme Court of the United States · 1901
- Gelbach v. ShivelyCourt of Appeals of Maryland · 1887
- Connecticut Trust & Safe Deposit Co. v. ChaseSupreme Court of Connecticut · 1903
- Miller's Exr. v. MaloneCourt of Appeals of Kentucky · 1900
- Boston Safe Deposit & Trust Co. v. PlummerMassachusetts Supreme Judicial Court · 1886
3Cited by4 opinions
- Wyman v. RoesnerDistrict of Columbia Court of Appeals · 1981
- Dean v. Tusculum CollegeCourt of Appeals for the D.C. Circuit · 1952
- Brinker v. HumphriesCourt of Appeals for the D.C. Circuit · 1952
- In re McCray's EstateDistrict Court, District of Columbia · 1951