Waterman v. Canal-Louisiana Bank & Trust Co.
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. Bill by Frances E- Waterman against the Canal-Louisiana Bank & Trust Company, as executor of the estate of Caroline .Stannard Tilton, deceased, and others, to construe the will. From an adverse decree, complainant appeals.
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Appeal from the Circuit Court of the United States for the Eastern District of Louisiana. Bill by Frances E- Waterman against the Canal-Louisiana Bank & Trust Company, as executor of the estate of Caroline .Stannard Tilton, deceased, and others, to construe the will. From an adverse decree, complainant appeals. This is a bill by Frances E. Waterman, wife of Charles A. Crane, a citizen of Illinois, against the Canal-Louisiana Bank & Trust Company, executor of the will of Caroline Stannard Tilton, deceased, and others, all citizens of Louisiana. The complainant sues as an heir at law of the…
1Opinion of the CourtSherby, Circuit Judge
(after staling the facts as above). The bill alleges, and the demurrer admits, the caducity of the legacy to the “Home for Insane.” The lapsed legacy is the subject of controversy. The question to be decided is whether it devolves upon Mrs. Tilton’s heirs at law, or whether accretion takes place for the benefit of her colegatees. The answer must be found in the language of the will and in the local law.
[1] In the construction of wills, the rule everywhere controls that the courts must ascertain, if they can, and enforce, the intention of the testator. “The intention is the polar star by which…
2Cases cited7 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Succession of BurnsideSupreme Court of Louisiana · 1883
- MacKie v. StorySupreme Court of the United States · 1877
- Lebeau v. TrudeauSupreme Court of Louisiana · 1855
- City of New Orleans v. HardieSupreme Court of Louisiana · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Succession of LambertSupreme Court of Louisiana · 1946
- Succession of LambertSupreme Court of Louisiana · 1946
- Succession of LambertSupreme Court of Louisiana · 1946
- Succession of LambertSupreme Court of Louisiana · 1946