Brown v. Wells
Court of Appeals for the D.C. Circuit
Hearing on an appeal (specially allowed) from an order of the Supreme Court of the District of Columbia overruling a motion to dismiss a bill in equity for the construction of a will and to remove an alleged cloud on title created by the conveyance in fee of real estate by one of the devisees, who, it was alleged, took only a life estate in such real estate under the will. .Reversed.
Read the full summary
Hearing on an appeal (specially allowed) from an order of the Supreme Court of the District of Columbia overruling a motion to dismiss a bill in equity for the construction of a will and to remove an alleged cloud on title created by the conveyance in fee of real estate by one of the devisees, who, it was alleged, took only a life estate in such real estate under the will. .Reversed. The Court in the opinion stated the facts as follows: This is a special appeal [by Thomas P. Brown] from a decree in the supreme court of the District overruling a motion to dismiss appellee’s bill. According to…
1Opinion of the CourtJustice Robb
We first will dispose of the contention of appellee (not determined by the court below), that the alleged declarations of the testator at the time of the execution of this will may he taken into consideration to determine the meaning of the language used in the will itself. Clearly, under every rule of construction, such declarations may not be considered in the circumstances here disclosed. While evidence of such extrinsic circumstances as the testator’s relations to persons, or the amount, character, and condition of his estate, sometimes is admissible to explain ambiguities of description,…
2Cases cited3 opinions
- Barber v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of the United States · 1897
- English v. CooperIllinois Supreme Court · 1899
- Emery v. HavenSupreme Court of New Hampshire · 1893
3Cited by5 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
- Knupp v. District of ColumbiaDistrict of Columbia Court of Appeals · 1990
- In Re Durosko Marital TrustDistrict of Columbia Court of Appeals · 2004
- Ziegler v. DuroskoDistrict of Columbia Court of Appeals · 2004