Miller v. Payne
District of Columbia Court of Appeals
HEARING on an appeal from an order of tbe Supreme Court •of the District of Columbia holding a Probate Court, overruling •exceptions to and confirming a report of the auditor. The Court in the opinion stated the facts as follows: This is an appeal from an order of the supreme court of the District of Columbia holding a probate court, overruling exceptions to and confirming the auditor’s report.
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HEARING on an appeal from an order of tbe Supreme Court •of the District of Columbia holding a Probate Court, overruling •exceptions to and confirming a report of the auditor. The Court in the opinion stated the facts as follows: This is an appeal from an order of the supreme court of the District of Columbia holding a probate court, overruling exceptions to and confirming the auditor’s report. Priscilla E. Payne, widow, died July 25, 1904. She was •survived by five children, and left the following will: Washington, D. C., Sept. 6, 1894. Know all men by these presents that I Priscilla E.…
1Opinion of the Court
Mr. Justiee Kobb
delivered the opinion of the Court:
The first contention of the appellant is that there was no conversion of the real estate. This contention is obviously untenable, for the will expressly provided that the property should be sold one year after the death of the testatrix, and the proceeds divided between her children. That such a provision operates as an equitable conversion is too well established to admit of argument. Iglehart v. Iglehart, 26 App. D. C. 209; Smithers v. Hooper, 23 Md. 273; Reiff v. Strite, 54 Md. 298; Forysth v. Forsyth, 46 N. J. Eq. 400, 19 Atl. 119; Re…
2Cases cited9 opinions
- Wallace v. Du BoisCourt of Appeals of Maryland · 1880
- Reiff v. StriteCourt of Appeals of Maryland · 1880
- Dilley v. LoveCourt of Appeals of Maryland · 1884
- Hopkins v. ThompsonMissouri Court of Appeals · 1898
- Graves v. SpeddenCourt of Appeals of Maryland · 1877
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