Fitzgerald v. Wynne
Court of Appeals for the D.C. Circuit
Hearing on appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill for the execution of a power and the sale of certain real estate. Statement of the case by the Chief Justice : This is a bill filed by some of the heirs-at-law of Jane M. Keenan, deceased, for the execution of a power, and for the sale of a certain piece or parcel of ground, situate in Washington City, the subject of that power.
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Hearing on appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill for the execution of a power and the sale of certain real estate. Statement of the case by the Chief Justice : This is a bill filed by some of the heirs-at-law of Jane M. Keenan, deceased, for the execution of a power, and for the sale of a certain piece or parcel of ground, situate in Washington City, the subject of that power. It appears that in December, 1866, Peter Daly and his wife conveyed, by deed of bargain and sale, for the recited…
1Opinion of the Court
The Chief Justice
delivered the opinion of the Court:
If it be true, as averred in the answer of Francis Keenan, that Jane Keenan made and executed a valid will or testament, wherein she executed the power of appointment given her by the deed of trust to Wynne, and that such will was never revoked, cancelled, burnt, or otherwise destroyed by the testatrix herself, or in her presence, or by her direction and consent, and such will be established by competent evidence, clearly the complainants in this case would have no right to maintain this bill. But the alleged will has not been produced, and…
2Cases cited2 opinions
- Ellis v. DavisSupreme Court of the United States · 1883
- Robertson v. PickrellSupreme Court of the United States · 1883
3Cited by4 opinions
- 1330 Connecticut Avenue, Inc. v. District of Columbia Zoning CommissionDistrict of Columbia Court of Appeals · 1995
- Slinski v. Bank of America, N.A.District Court, District of Columbia · 2013
- Smart Ex Rel. Smart v. NevinsDistrict of Columbia Court of Appeals · 1972
- Rose v. Wells Fargo Bank, N.A.District of Columbia Court of Appeals · 2013