Brownell v. De Wolf
U.S. Circuit Court for the District of Rhode Island
Ejectment [by Brownell and wife against Charles De Wolf] for certain parcels of land in the state of Rhode Island. [Judgment for plaintiffs.] The case arose upon the construction of the will of Charles De Wolf, late of Bristol in the state of Rhode Island, deceased. ' The material clauses upon which the questions arose were as follows: The will was made in May, 1806, and after the usual introductory clause it proceeds thus: “First, after the payment of all my just debts and…
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Ejectment [by Brownell and wife against Charles De Wolf] for certain parcels of land in the state of Rhode Island. [Judgment for plaintiffs.] The case arose upon the construction of the will of Charles De Wolf, late of Bristol in the state of Rhode Island, deceased. ' The material clauses upon which the questions arose were as follows: The will was made in May, 1806, and after the usual introductory clause it proceeds thus: “First, after the payment of all my just debts and funeral charges, I give and bequeath all my real and personal property, household furniture excepted, to my surviving…
1Opinion of the Court
STORY, Circuit Justice.
This clause turns altogether upon the construction of the will of Charles De Wolf, and three codicils thereto successively made by the testator. With the very laudable view of suppressing family litigation, by what he doubtless deemed the most certain and wise means, the testator directed, that no lawyer should be employed in the settling of his estate, and if any dispute should arise, that the heirs should settle it by three judicious honest men. If, instead of this cautionary clause, the testator had exercised the prudence which belongs to men of his own age and…
2Cited by8 opinions
- Skipwith v. Cabell's Ex'orSupreme Court of Virginia · 1870
- Duncan v. DuncanIllinois Supreme Court · 1860
- Goodloe's v. FullerCourt of Appeals of Kentucky · 1925
- Haven v. FosterMassachusetts Supreme Judicial Court · 1833
- Skipwith v. Cabell's ex'orCourt of Appeals of Virginia · 1870
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