Vogt v. Graff
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. Th^j facts, which involve the construction of a will made by a resident of the District of Columbia, are stated in the opinion. Until the court below rendered the decision in this case, it was conceded that the “Rule in Shelley’s Case” was applicable to personal property in this jurisdiction.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. Th^j facts, which involve the construction of a will made by a resident of the District of Columbia, are stated in the opinion. Until the court below rendered the decision in this case, it was conceded that the “Rule in Shelley’s Case” was applicable to personal property in this jurisdiction. Garth v. Baldwin, 1755; 2 Vesey Sr., Ch. Rep. 646. Horne v. Lyeth, 4 Harris and Johnson, 435, holds this case was binding authority, and it has ever since been followed in the Maryland courts. See also Warner v. Sprigg, 62 Maryland, 14, and…
1Opinion of the CourtJustice McKenna
Bill in equity filed in the Supreme Court of the District of Columbia by the children of John L. Vogt to determine the meaning of a clause in the latter’s will.
The defendants in the case, appellees here, were Charles Graff and Frederick C. Gieseking, exécutors and trustees named in the will, and Matilda S. Vogt, infant daughter of one of the complainants, appellant here, Frederick H.. Vogt.
The part of the will to be construed is as follows:
“All the rest and residue of my real estate, shall, when my youngest surviving child attains the age of 21 years or one year thereafter in the discretion…
2Cases cited4 opinions
- Daniel v. WhartenbySupreme Court of the United States · 1873
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Green v. GreenSupreme Court of the United States · 1874
- Hall v. GradwohlCourt of Appeals of Maryland · 1910
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- Perin v. PerinCourt of Appeals of Maryland · 1921
- Topek v. CommissionerUnited States Tax Court · 1947
- Johnson v. Seattle-First National BankWashington Supreme Court · 1937
- Safe Deposit & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1940
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