Atkins v. Best
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, construing a will. The Court in the opinion stated the facts as follows: The bill in this case was filed in the names of Katherine and Leicester B. Atkins, children and heirs at law of Kate Best Atkins, by their next friend, Joseph L. Atkins.
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Hearing on an appeal by the complainants from a decree of the Supreme Court of the District of Columbia, construing a will. The Court in the opinion stated the facts as follows: The bill in this case was filed in the names of Katherine and Leicester B. Atkins, children and heirs at law of Kate Best Atkins, by their next friend, Joseph L. Atkins. The defendant is Mary Best, the mother of said Kate Best' Atkins, who, it is alleged, took an estate for life in the premises described under the will of said Kate Best Atkins. It is further alleged that the said premises (a house and lot in the city…
1Opinion of the CourtChief Justice Shepard
1. We are of the opinion tthat the extrinsic circumstances relied on in the defendant’s answer, which consist of the recital of the interests in certain lands vested in her by the will of Abraham H. Best, of the transactions between her and Kate Best Atkins and husband concerning the sale of certain of those interests at their request and for their advantage, of the advances of money to the testatrix, and of the submission of the draft of Kate Best Atkin’s will to defendant for her approval, before its execution, cannot be considered as aids in the construction of the last-named will under…
2Cases cited5 opinions
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Barber v. Pittsburgh, Fort Wayne & Chicago Railway Co.Supreme Court of the United States · 1897
- Abbott Et Ux. v. Essex CompanySupreme Court of the United States · 1856
- King v. AckermanSupreme Court of the United States · 1863
- McCaffrey v. ManogueSupreme Court of the United States · 1905
3Cited by4 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
- District of Columbia v. AdamsDistrict Court, District of Columbia · 1944