Legal Opinion

Carney v. Kain

West Virginia Supreme Court

Decided November 9, 1895PublishedCited by 27 opinions

plaintiffs below, submitted tbe following brief :* This suit is entirely amicable in its character. It relates to the disposition of a fund held by the principal defendants as trustees.

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plaintiffs below, submitted tbe following brief :* This suit is entirely amicable in its character. It relates to the disposition of a fund held by the principal defendants as trustees. These trustees are entirely willing that the fund may be disposed of in accordance with the prayer of the bill, provided only they can feel sure that a decree making that disposition of the fund will protect them from the possible claims of persons who may, at the death of Mrs. ■Carney, assert an interest in the fund as having come to them by the intervening death of some of the present claimants. In the court…

1Opinion of the Court

Holt, President :

On appeal taken by Mary Jane Carney and others, plaintiffs, from a final decree of the Circuit Court of Ohio county, entered on the 9th day of June, 1894, in favor of John J. Kain and others, trustees, defendants, dismissing the bill without reservation.

The suit involves the will of Philip Keilly, deceased, late of the city of Wheeling, W. Va., especially the residuary fund created by the will, and whether the plaintiffs, Mary Jane Carney, the daughter of the testator, and the children ■of his son, John Reilly, deceased, are entitled to have that fund now turned over to them…

2Cases cited13 opinions

  1. First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
  2. Bartlett v. PattonWest Virginia Supreme Court · 1889
  3. Graham v. GrahamWest Virginia Supreme Court · 1883
  4. Boston Safe Deposit & Trust Co. v. CoffinMassachusetts Supreme Judicial Court · 1890
  5. Gaylord v. City of LafayetteIndiana Supreme Court · 1888

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3Cited by27 opinions

  1. United States v. Provident Trust Co.Supreme Court of the United States · 1934
  2. North v. GrahamIllinois Supreme Court · 1908
  3. Sorrells v. McNallySupreme Court of Florida · 1925
  4. Olsen v. YoungermanSupreme Court of Iowa · 1907
  5. Pure Oil Co. v. Miller-McFarland Drilling Co.Illinois Supreme Court · 1941

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