Legal Opinion

C. A. Burton Machinery Co. v. Davies

Court of Appeals for the Eighth Circuit

Decided April 15, 1913No. 3,832Published

In Error to the District Court of the .United States for the Western District of Oklahoma; John H. Cotteral, Judge. Action by the C. A. Burton Machinery Company, a corporation, against Laura J. Davies. Judgment for defendant, and plaintiff brings error.

1Opinion of the Court

HOOK, Circuit Judge.

This was an action by the Machinery Company to recover o-f Mrs. Davies a debt of her deceased husband, based upon the language of his will and her acts as executrix and legatee. At the conclusion of the evidence each party asked for a directed verdict. The trial court directed a verdict for defendant, and the plaintiff prosecuted this writ of error to reverse the judgment which followed.

The will, which was probated at Kansas City, Mo., the domicile of the testator, first directed that all his just debts and funeral expenses be paid. Next, he devised to defendant, his wife,…

2Cases cited4 opinions

  1. Funk v. EgglestonIllinois Supreme Court · 1879
  2. Gridley v. . GridleyNew York Court of Appeals · 1861
  3. Eskridge v. FarrarSupreme Court of Louisiana · 1878
  4. Eyre's AppealSupreme Court of Pennsylvania · 1884

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