Reed v. Campbell
U.S. Circuit Court for the District of District of Columbia
Appeal from the orphans’ court. Rachel Campbell, the widow of William Campbell, after receiving the portion of her husband's estate as devised and bequeathed to her, claimed in her petition the surplus remaining in the hands of the executor under the will after payment of the debts and legacies. The executor denied her right to the surplus. Mr. Wylie offered in evidence the testimony of an old colored woman, Kitty Pad.
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Appeal from the orphans’ court. Rachel Campbell, the widow of William Campbell, after receiving the portion of her husband's estate as devised and bequeathed to her, claimed in her petition the surplus remaining in the hands of the executor under the will after payment of the debts and legacies. The executor denied her right to the surplus. Mr. Wylie offered in evidence the testimony of an old colored woman, Kitty Pad. The reception of this testimony was objected to by the counsel of the executor, because the witness was a colored woman. The objection was overruled. The following statement of…
1Opinion of the Court
The following decision was made by the judge of the orphans' court, after the case was called and argued by Mr. Wylie and Mr. Mattingly, as to the petitioner's right to the surplus of Wm. Campbell’s personal estate. It appears that the husband of the widow-made his last will and testament, which had been duly proved in this court, and the executor Iteed qualified. It is true that she received under the will, with others mentioned in the will, legacies, and of com'se did not renounce the provisions of the will. The question now is, is she entitled to dower as widow-in the personalty not…
2Cases cited3 opinions
- Conner v. OgleHigh Court of Chancery of Maryland · 1848
- Proprietary v. PearceCourt of Appeals of Maryland · 1764
- Mantz v. BuchananHigh Court of Chancery of Maryland · 1848