Legal Opinion

Sands v. Champlin

U.S. Circuit Court for the District of Rhode Island

Decided November 15, 1840PublishedCited by 10 opinions

Bill in equity [by Anna Sands against John E. H. Champlin] to enforce a legacy in the will of Ray T. Sands, deceased, as a supposed charge on certain real estate devised by him to Samuel P. Robinson, under whom the defendants claimed title, as purchasers of the estate.

Read the full summary

Bill in equity [by Anna Sands against John E. H. Champlin] to enforce a legacy in the will of Ray T. Sands, deceased, as a supposed charge on certain real estate devised by him to Samuel P. Robinson, under whom the defendants claimed title, as purchasers of the estate. The material clauses in the will were as follows: The testator, in the second clause of his will, says: “I give and bequeath unto my wife Anna, twelve bushels of good Indian corn, five bushels of barley, eight bushels of potatoes, three bushels of garden vegetables, twelve pounds of good sheep’s wool, one hundred weight of new…

1Opinion of the Court

STOEY, Circuit Justice.

The only Important question in the present case is, whether the legacies or bequests unto Anna Sands, the widow of the testator, and the plaintiff in the suit, constitute a charge on the real estate devised by the will to Samuel P. Eob-inson. If they do, then the plaintiff is entitled to have a decree against the defendants; otherwise, the bill ought to be dismissed. It is observable, that the principal part of the legacies and bequests, at least of that part now in controversy, consists of annual supplies of produce and other articles, which are the common produce,…

2Cited by10 opinions

  1. Thayer v. FinneganMassachusetts Supreme Judicial Court · 1883
  2. Powers v. PowersWisconsin Supreme Court · 1871
  3. Bank of Florence v. GreggSupreme Court of South Carolina · 1896
  4. Trustees of Amherst College v. SmithMassachusetts Supreme Judicial Court · 1883
  5. Wood v. OgdenMissouri Court of Appeals · 1906

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API