Farmers Bank of Alexandria v. Hooff
U.S. Circuit Court for the District of District of Columbia
This was a bill in equity to compel the execution of a trust to sell land of Mary Resler, after her death to pay her personal debt to the plaintiffs under a deed of trust in fee made by her to the defendant John Hooff and others.
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This was a bill in equity to compel the execution of a trust to sell land of Mary Resler, after her death to pay her personal debt to the plaintiffs under a deed of trust in fee made by her to the defendant John Hooff and others. Her title was under the will of her husband, Jacob Resler, by which he devised to her “ the whole of his estate both real and personal during her widowhood, or in other words while she should bear his name; ” but, in case his wife “ should choose to marry, then it was his wish that the whole of his estate, both real and personal, should be given 'to his daughter Eve…
1Opinion of the CourtMorsell, J.
The complainants, in this case, seek to have the benefit of a deed from Mary Resler in trust to secure to them the payment of a debt due by her, and on her own account. The property conveyed is a lot of ground, of which her husband died seized, claimed to be held in fee-simple under the will of her husband. Whether she took such an estate, or an estate for life, depends on the true construction of the will, unassisted by any introductory declarations, or by circumstances to be drawn from the context. Nothing is left us but the words of the devising part of the will. The rule, no doubt, is…
2Cited by3 opinions
- Society for the Propagation of the Gospel in Foreign Parts v. Town of New HavenSupreme Court of the United States · 1823
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Pierson v. GaleSupreme Court of Vermont · 1836