O'Brien v. Dougherty
Court of Appeals for the D.C. Circuit
Hearing on appeal by the defendants from a decree of the Supreme Court of the District of Columbia, holding an equity term, construing a will and decreeing sale of real estate.
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Hearing on appeal by the defendants from a decree of the Supreme Court of the District of Columbia, holding an equity term, construing a will and decreeing sale of real estate. The Court in its opinion stated the case as follows: In this case the bill was filed by Margaret Dougherty, a legatee under her grandfather’s will, to enforce a charge on certain real estate, and as sole heir-at-law of her deceased mother, asserting an alleged inherited interest in the same real estate, and asking for the sale thereof. It appears that Rodey O’Brien, the grandfather of the complainant, died in March,…
1Opinion of the Court
The Chief Justice
delivered the opinion of the Court:
The first of the claims made by the complainant is the one that has given rise to the principal and important question in the case, and the question that has been most extensively discussed at bar; and that is, at what time did the remainder limited to the surviving children of the testator vest? Whether immediately on -the death of the testator, or not until the termination of the life estate devised to the widow? If not until the last mentioned event, the remainder would continue contingent until the event happened, at which period the…
2Cases cited5 opinions
- Moore v. LyonsNew York Supreme Court · 1840
- Harris v. FlyNew York Court of Chancery · 1839
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Vickers v. StoneSupreme Court of Georgia · 1848
- Young v. RobinsonCourt of Appeals of Maryland · 1840
3Cited by6 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
- Caine v. PayneCourt of Appeals for the D.C. Circuit · 1950
- American Security & Trust Co. v. SullivanDistrict Court, District of Columbia · 1947
- Atchison v. HallCourt of Appeals for the D.C. Circuit · 1970
- Noyes v. ParkerCourt of Appeals for the D.C. Circuit · 1937
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