McAleer v. Schneider
District of Columbia Court of Appeals
Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill for the sale of a decedent’s real estate and the distribution of the proceeds.
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Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a bill for the sale of a decedent’s real estate and the distribution of the proceeds. The Court in its opinion stated the case as follows: The bill herein was filed by Mary J. McAleer and Catherine Ann Joseph, two of the sisters of Columbia Kelly, deceased, against two other sisters, Sarah E. Schneider and Alice Eugenia Snyder, and T. F. Schneider, the administrator of the estate of Columbia Kelly, for the sale of a certain lot in the city of Washington…
1Opinion of the CourtJustice Shepard
1. This case turns upon the construction of the will. To its provisions alone must we look for the meaning of the testatrix. Her declarations made to the witnesses with respect to her wishes and intentions are not admissible in explanation, and cannot be considered. Weatherhead’s Lessee v. Baskerville, 11 How., 357; Wilkins v. Allen, 18 How., 385.
2. The devise of the “piece of ground next to her lot at Mount Pleasant” is not void for uncertainty. It appears that the testatrix owned, at the time of making the will, a small piece of ground next the devisee’s lot at Mount Pleasant, which was…
2Cases cited4 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Joseph Wilkins v. David AllenSupreme Court of the United States · 1856
- Weatherhead's Lessee v. BaskervilleSupreme Court of the United States · 1851
- Briggs v. BriggsSupreme Court of Iowa · 1886
3Cited by9 opinions
- Fairclaw v. ForrestCourt of Appeals for the D.C. Circuit · 1942
- Baker v. National Savings and Trust Co.Court of Appeals for the D.C. Circuit · 1950
- 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
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