Spencer v. Spencer
U.S. Circuit Court for the District of Rhode Island
This was a real action brought by the plaintiffs [Reynolds Spencer and wife], in right of the wife, to recover h?r purparty by descent in her father's estate. The defendant [Ephraim Spencer], who is her brother, claimed the estate in question under a will of the father.
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This was a real action brought by the plaintiffs [Reynolds Spencer and wife], in right of the wife, to recover h?r purparty by descent in her father's estate. The defendant [Ephraim Spencer], who is her brother, claimed the estate in question under a will of the father. It appeared in evidence, that the will was made in 1801, soon after which the testator died, and it was originally contested on the probate, before the town council (who have jurisdiction in this behalf in Rhode Island), and was finally approved on the appeal by the governor and council (the final appellate jurisdiction), in…
1Opinion of the Court
STORY, Circuit Justice.
It is understood to have been the practice in Rhode Island, to consider the probate of a will conclusive only as to personal estate; probably from a misapplication of the rule, as to probates in the ecclesiastical courts in England. The decision in England rests on the ground, that the ecclesiastical courts have no jurisdiction, except as to personal estate. The law is otherwise in Rhode Island. Its probate courts have complete jurisdiction as to wills, in respect both to real and to personal estates. A will purporting only to affect real estate must still be submitted…
2Cited by1 opinion
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