Kaiser v. Brandenburg
Court of Appeals for the D.C. Circuit
Hearing on an appeal from' a decree of the Supreme Court of the District of Columbia in a suit by executors for the construction of a will. The facts are sufficiently stated in the opinion. 1. The legacy and devise made in the sixth paragraph of the will were undoubtedly specific. 13 Am. & Eng. Encyc. L. 10; Roper, on Legacies, 192, 242; 2 Redf. on Wills, 132 ; Woerner Am.
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Hearing on an appeal from' a decree of the Supreme Court of the District of Columbia in a suit by executors for the construction of a will. The facts are sufficiently stated in the opinion. 1. The legacy and devise made in the sixth paragraph of the will were undoubtedly specific. 13 Am. & Eng. Encyc. L. 10; Roper, on Legacies, 192, 242; 2 Redf. on Wills, 132 ; Woerner Am. Law Admn., Sec. 444; Roper, *193. The devise of the real estate of the testator was also specific; all devises of real estate or the proceeds of sale of real estate are considered as specific. 2 Redfield oil Wills, *145. On…
1Opinion of the CourtJustice Shepard
This is an appeal from a decree giving construction to the will of Frederick J. Kaiser. Testator died April 30, and his will, made April 5, 1898, was regularly admitted to probate.
The first five paragraphs of said will make, bequests to the following persons, in the order named: (1) Minnie G. Kaiser, in satisfaction of a debt, $2,000; (2) Margie M. *314Earnshaw, $1,000; (3) Mrs. Augusta Fleming, $200; (4) Western Presbyterian Church, $300; (5) Trustees Pock Creek Cemetery, $200. Paragraph 6 reads as follows:
“6. I direct my executors hereinafter named to sell and convert into cash the stock of…
2Cases cited5 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Patch v. WhiteSupreme Court of the United States · 1886
- Gilmer v. StoneSupreme Court of the United States · 1887
- Joseph Wilkins v. David AllenSupreme Court of the United States · 1856
- Weatherhead's Lessee v. BaskervilleSupreme Court of the United States · 1851
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- Wyman v. RoesnerDistrict of Columbia Court of Appeals · 1981
- In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
- Atchison v. HallCourt of Appeals for the D.C. Circuit · 1970
- In re McCray's EstateDistrict Court, District of Columbia · 1951