Doe v. Considine
Supreme Court of the United States
Error to the Circuit Court of the TJuited States for the Southern District of Ohio. The lessors of the plaintiff in error brought an action of ejectment in that court to recover certain real estate now here in controversy. The parties agreed upon the facts. Under the instructions given to the jury, they found for the defendants, and judgment was rendered accordingly.
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Error to the Circuit Court of the TJuited States for the Southern District of Ohio. The lessors of the plaintiff in error brought an action of ejectment in that court to recover certain real estate now here in controversy. The parties agreed upon the facts. Under the instructions given to the jury, they found for the defendants, and judgment was rendered accordingly. The plaintiff excepted to the instructions, and this writ was prosecuted upon the ground that they were erroneous. The facts, as agreed on, were as follows: William Barr, Senior, died on the 15th of May, 1816, leaving a will duly…
1Opinion of the CourtJustice Swayne
I. At the threshold of the subject before us, the inquiry arises as to the exteut of the trust estate vested by the will in the three sons-in-law of the testator.
The determination of this point is not vital in the case; for whether they took the legal fee or not, and whether the estate of Mary Jane Barr was legal or equitable in its character, the result must be the same. The .same rules of law apply to descents and devises of both classes of estates; and *470if in this case an equitable fee in remainder was vested in Mary Jane Barr at the time of her death, while the legal fee as a dry trust was…
2Cases cited7 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Hunt v. RhodesSupreme Court of the United States · 1828
- Carver v. JacksonSupreme Court of the United States · 1830
- Moore v. LyonsNew York Supreme Court · 1840
- Finlay v. King's LesseeSupreme Court of the United States · 1830
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3Cited by156 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Helvering v. New York Trust Co.Supreme Court of the United States · 1934
- State ex rel. Hovey v. NobleIndiana Supreme Court · 1889
- Potter v. CouchSupreme Court of the United States · 1891
- Scofield v. OlcottIllinois Supreme Court · 1887
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