Glasgow v. Lipse
Supreme Court of the United States
APPEAL EEOM THE CIRCUIT COURT OF THE UNITED STATES FOE. THE WESTEEN DISTRICT OF VIRGINIA. This was a bill in equity to set aside a- deed made by Samuel Lipse, executor of Moses Lipse, and to obtain payment of a bond executed by Glasgow’s testator in bis lifetime. Tbe case is stated in tbe opinion of tbe court.
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APPEAL EEOM THE CIRCUIT COURT OF THE UNITED STATES FOE. THE WESTEEN DISTRICT OF VIRGINIA. This was a bill in equity to set aside a- deed made by Samuel Lipse, executor of Moses Lipse, and to obtain payment of a bond executed by Glasgow’s testator in bis lifetime. Tbe case is stated in tbe opinion of tbe court. For tbe understanding of tbe points in tbe argument it is sufficient to say: That Moses Lipse died in Virginia before tbe war, leaving- several children, among whom were David H. Lipse, residing in Indiana, and Samuel Lipse, residing in Virginia: Also leaving real estate and a will…
1Opinion of the Court
Mm Justice Field
delivered the opinion of the court.
This case comes before us from the Circuit Court of the United States for the Western District of Yirginia. The facts out, of which it arises are briefly as follows: In December, 1859, Moses Lipse, of Botetourt County, Yirginia, died pos-' sessed of considerable property, real and personal, in that county, and leaving twelve children surviving him. His will,made a few days before his death, after providing for the payment of his debts, directed that all his .property should be sold by his executors, and the proceeds be equally divided between…
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