General Clergy Relief Fund v. Sharpe
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree of the Supreme Court of the District of Columbia, holding an equity court, construing a will.
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Hearing on an appeal from a decree of the Supreme Court of the District of Columbia, holding an equity court, construing a will. The Court in the opinion stated the facts as follows: A bill in equity was tiled in the supreme court of the District of Columbia, seeking an interpretation of certain provisions of the will of Lucy Page Whitehead, who died in December, 1912, leaving a last will and testament dated August 4, 1910, with codicil attached, dated April 8, 1912. The paragraph of the will involved in this appeal reads as follows: Twenty-sixth: All the rest, residue, and remainder of my…
1Opinion of the CourtJustice Van Orsder
It is conceded that Webb, one of the executors, was fully advised by the testatrix of the contents of the letter found with the will, and that he, impliedly at least, promised to carry out *130her request. It is conceded, also, as indeed it must be, that the letter, not being executed or attested as required by the statute, and not referred to in the will, nor even shown to have been in existence at the date of the execution of the will, has no testamentary effect, and cannot, therefore, be used to modify or explain any" of the provisions of the will.
It is undoubtedly the law that, had the…
2Cases cited8 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Matter of Will of O'HaraNew York Court of Appeals · 1884
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
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3Cited by3 opinions
- In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
- Atchison v. HallCourt of Appeals for the D.C. Circuit · 1970
- District of Columbia v. AdamsDistrict Court, District of Columbia · 1944