Montgomery v. Brown
Court of Appeals for the D.C. Circuit
Hearing oh an appeal by the complainant from a decree of tbe Supreme Court of the District of Columbia in a suit in equity for the construction of a will. The Court in the opinion stated the ease as follows: This is an appeal taken from a decree entered in the court below in favor of the appellees, Diehard H. Brown and Cora L. Peters, who were the defendants below.
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Hearing oh an appeal by the complainant from a decree of tbe Supreme Court of the District of Columbia in a suit in equity for the construction of a will. The Court in the opinion stated the ease as follows: This is an appeal taken from a decree entered in the court below in favor of the appellees, Diehard H. Brown and Cora L. Peters, who were the defendants below. The question involved in the suit was as to the proper construction and interpretation of a will executed by Henry P. Montgomery, deceased, a brother of the complainant, Winfield Scott Montgomery. Should the will be construed…
1Opinion of the CourtJustice Duell
This state of facts presents for consideration two questions:
The first is as to whether the insurance money was invested in the notes referred to; and, while we agree with the court below in the finding that the notes were purchased with the money received from the life insurance, it is, in our opinion, of little consequence, for the reason that if Mrs. Montgomery only took a life interest in the insurance money, her estate would, in any event, be answerable for the full amount.
The second question is the important one, and that is as to whether Emma V. Montgomery’s interest in the insurance…
2Cases cited8 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Roseboom v. . RoseboomNew York Court of Appeals · 1880
- Potter v. CouchSupreme Court of the United States · 1891
- Moffett v. . ElmendorfNew York Court of Appeals · 1897
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3Cited by3 opinions
- 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
- Pace v. BradleyCourt of Appeals for the D.C. Circuit · 1948