Legal Opinion

Fayerweather v. Ritch

Supreme Court of the United States

Decided November 28, 1904No. 157, 158PublishedCited by 206 opinions

APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The controlling question in these cases arises on pleas of res judicata. ' The essential facts are as follows: On October 6, 1884, Daniel B. Fayerweather, a citizen and resident of the State of New York, made a will, by the ninth article of which he gave to twenty colleges bequests amounting in the aggregate to $2,100,000. By the tenth article he. gave the residuary estate to his…

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APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The controlling question in these cases arises on pleas of res judicata. ' The essential facts are as follows: On October 6, 1884, Daniel B. Fayerweather, a citizen and resident of the State of New York, made a will, by the ninth article of which he gave to twenty colleges bequests amounting in the aggregate to $2,100,000. By the tenth article he. gave the residuary estate to his executors, as trustees, directing them to divide it equally among the twenty colleges named in the ninth article. On the same…

1Opinion of the Court

Mr. Justice Brewer,

after making the foregoing statement, delivered the opinion of the court.,

Our jurisdiction of this direct appeal from the decision of the Circuit Coyrt is invoked on the ground that the case involves' the application of the Constitution of the United States.

The contention is that by Article Y of the amendments to the Federal Constitution no person can “be deprived of life, liberty, or property, without due process of law;” that these plaintiffs were entitled to large shares Of the estate of Daniel B. Fayerweather; that they were deprived of this property by the judgment of…

2Cases cited29 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
  4. Davidson v. New OrleansSupreme Court of the United States · 1878
  5. Russell v. PlaceSupreme Court of the United States · 1877

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3Cited by206 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. MorganSupreme Court of the United States · 1941
  3. Gunter v. Atlantic Coast Line RailroadSupreme Court of the United States · 1906
  4. Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Eleventh Circuit · 1982
  5. Farrell v. O'BrienSupreme Court of the United States · 1905

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