Smith v. McIntyre
Court of Appeals for the Sixth Circuit
In Error to the'Circuit Court of the United States for the Western Division of the Northern District of Ohio. This is a writ of error to review a judgment for the defendants in an action to recover real estate lying in Williams county, Ohio. William L. Smith was the common source of title. The defendants claim under deeds made by Margaret Smith, the widow of William L. Smith, during her widowhood, and after she became the wife of her second husband, Alexander Miller.
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In Error to the'Circuit Court of the United States for the Western Division of the Northern District of Ohio. This is a writ of error to review a judgment for the defendants in an action to recover real estate lying in Williams county, Ohio. William L. Smith was the common source of title. The defendants claim under deeds made by Margaret Smith, the widow of William L. Smith, during her widowhood, and after she became the wife of her second husband, Alexander Miller. The question in the case turns upon the construction of the will of William D, Smith, the issue being whether the deeds of his…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). The defendants contend that Margaret Smith bad power, under the will, to sell the real estate in controversy to pay the debts of her husband, and that the deeds here in question were duly executed in accordance with that power. On behalf of the plaintiff it is urged that the deeds only conveyed Margaret Smith’s life estate in the land, and that they did not convey the fee under a power, for the reasons: First, that the power of sale was confined to the personalty; second, that, if it affected the real estate at all, it only authorized the sale of a life estate…
2Cases cited17 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Giles v. LittleSupreme Court of the United States · 1881
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
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3Cited by2 opinions
- Morris v. CommissionerUnited States Board of Tax Appeals · 1938
- Turner v. TurnerCourt Of Appeals Of Indian Territory · 1901