Case of Broderick's Will
Supreme Court of the United States
Appeal from the Circuit Court for the District of California. This was a suit in equity brought by the alleged heirs-at-law of David C. Broderick, late United States Senator from California, to set aside the probate of his will, and have the same declared a forgery, and to recover the said Broderick’s estate, much of which consisted of lands now comprised in the thickly settled portions of the city of San Francisco.
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Appeal from the Circuit Court for the District of California. This was a suit in equity brought by the alleged heirs-at-law of David C. Broderick, late United States Senator from California, to set aside the probate of his will, and have the same declared a forgery, and to recover the said Broderick’s estate, much of which consisted of lands now comprised in the thickly settled portions of the city of San Francisco. The complainants were John Kieley and Mary, his wife, George Wilson and Ann, his wife, and Ellen Lynch, all residents of Sidney, in New South Wales, and subjects of Great Britain…
1Opinion of the CourtJustice Bradley
As to the first point, it is undoubtedly the general rule, established both in England and this country, that a court of equity will not entertain jurisdiction of a bill to set aside a will or the probate thereof. The ease of Kerrick v. Bransby,† decided by the House of Lords in 3727, is considered as having definitely settled the question. Whatever may have been the original ground of this rule (perhaps something in the peculiar constitution of the English courts) the most satisfactory ground for its continued prevalence is, that the constitution of a succession to a deceased person’s estate…
2Cited by285 opinions
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- Smyth v. AmesSupreme Court of the United States · 1898
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Markham v. AllenSupreme Court of the United States · 1946
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