Wheeler v. Smith
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States for . the District of Columbia-and County of Alexandria. It was a bill filed by Wheeler under the following circumstances. He was the nephew of Charles Bennett, who died in 1839, leaving neither father nor mother nor brothers nor sisters, nor any descendant of any-brother^ or sister except Wheeler,, who, as above stated, was his nephew.
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This was an appeal from the Circuit Court of the United States for . the District of Columbia-and County of Alexandria. It was a bill filed by Wheeler under the following circumstances. He was the nephew of Charles Bennett, who died in 1839, leaving neither father nor mother nor brothers nor sisters, nor any descendant of any-brother^ or sister except Wheeler,, who, as above stated, was his nephew. Previous to 1839, he had been assistéd byjhis uncle, but had fallen into bad and extravagant habits, and removed" to "the State of Pennsylvania. Bennett had placed some land and $20,000 in the…
1Opinion of the CourtJustice McLEAN
This controversy arises under the last will and testament of Charles Bénnétt, late of Alexandria. After making a number of specific bequests, the testator declares, — “ The residue of my estate is left in trust of Hugh Smith, Robert I. Taylor, and Phineas Janney, for such purposes as they consider promises to to be most beneficial to the town and trade of Alexandria. If any difficulty occurs in construction as to any of my bequests, R. I. Taylor is especially charged to give said construction.” Smith, Taylor, and Janüey were appointed executors.
In a codicil the testator declares, — “Now in…
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