Atwood v. Rhode Island Hospital Trust Co.
Court of Appeals for the First Circuit
Appeal from the District Court of the United States for the District of Rhode Island; Arthur L,. Brown, Judge. Suit by Kate Atwood and another against the Rhode Island Hospital Trust Company and others. From a decree dismissing the bill {264 Fed. 360), plaintiffs appeal.
1DissentBingham, Circuit Judge
As to the question of jurisdiction I agree with the opinion of the majority, but as to the merits of the case I am unable to do so.
The material questions involved in a decision of the merits are: (1) Whether the testator, in the ninth clause of his will, where he referred to the principal of the estate and property held by the Trust Company in trust, referred to it as it existed at the time he republished his will by the codicil, or as it should exist at his decease; and (2) if the latter, whether the circumstances are such that parole evidence is admissible to identify the persons the…
2Cases cited17 opinions
- In Re the Will of FowlesNew York Court of Appeals · 1918
- Olliffe v. WellsMassachusetts Supreme Judicial Court · 1881
- Langdon v. . Astor's ExecutorsNew York Court of Appeals · 1857
- In Re the Judicial Settlement of the Accounts of PiffardNew York Court of Appeals · 1888
- Talbot v. TalbotSupreme Court of Rhode Island · 1911
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