Kean v. Miller
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree of the Supreme Court of the District of Columbia dismissing a hill in equity. The Court in the opinion stated the facts as follows: Appeal from a decree in the supreme court of the district dismissing appellant’s (Nettie M. Kean) hill to have declared void an assignment of certain shares of stock from Charles W. Miller, now deceased, to the appellee Elorence W. Miller, one of his daughters, and to have declared null and void a will in favor…
Read the full summary
Hearing on an appeal from a decree of the Supreme Court of the District of Columbia dismissing a hill in equity. The Court in the opinion stated the facts as follows: Appeal from a decree in the supreme court of the district dismissing appellant’s (Nettie M. Kean) hill to have declared void an assignment of certain shares of stock from Charles W. Miller, now deceased, to the appellee Elorence W. Miller, one of his daughters, and to have declared null and void a will in favor of his daughter. The material averments of the hill are as follows: Appellant is a daughter of Charles W. Miller and…
1Opinion of the Court
Air. Justice Noun
delivered the opinion of the Court:
Appellant has no standing in this proceeding. Donovan v. Mahoney, 45 App. D. C. 480. In the present ease the property involved, according to the averments of the bill, is personal property, the title to which would not be; in appellant even though the will and assignment were annulled. Smith v. Wilson. 17 Md. 460, 79 Am. Dec. 665. ^Moreover, for aught that appears, if the estate were administered the value of the stock might not be more than sufficient to liquidate the debts and *518funeral expenses, for the bill does not allege that there.were…
2Cases cited1 opinion
- Smith v. WilsonCourt of Appeals of Maryland · 1861