McCaffrey v. Manogue
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA.' . The question involved in this case is the construction of the will of Hugh McCaffrey, .deceased. It was duly admitted to probate and recorded in the Supreme Court of the District.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA.' . The question involved in this case is the construction of the will of Hugh McCaffrey, .deceased. It was duly admitted to probate and recorded in the Supreme Court of the District. It is as follows:. “Washington, District op Columbia, “April Thirtieth, 1896. “ In the name of God; being now in good health and sound in mind and body I hereby certify and declare this to be my last will and testament, hereby • annulling and revoking any and all wills previously made. “I give and bequeath td my daughter, Mary A. Quigley, house number…
1Opinion of the CourtJustice McKenna
It will be observed that the devises are expressed in exactly the same way. To Mary A. Quigley, however, there are given several pieces of real estate, the money of the testator in bank and his building association stock. She is charged with the payment of the testator’s funeral expenses and debts; also with the care of. his cemetery lot. Nevertheless, neither of the lower courts distinguished between the devisees — to all was applied the rule of law that a devise of land without words of limitation or. description gives a life estate only. The Court of Appeals held that the charge or burden…
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