Williams v. Wells
Court of Appeals for the D.C. Circuit
Appeal from Orphans’ Court. The petition stated that the last will and testament of John Williams has been admitted to probate ; that the said Wells and Davis were designated as the guardians of the children of the testator.
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Appeal from Orphans’ Court. The petition stated that the last will and testament of John Williams has been admitted to probate ; that the said Wells and Davis were designated as the guardians of the children of the testator. That said paper is wholly insufficient in law to create the said guardianship and that there are no testamentary guardians of said children, and prays the court to appoint some person or persons as guardians to take charge of the children and their estate, inasmuch as the said children are both under the age of fourteen years and incapable of making a selection for…
1Opinion of the Court
The answer of John Wells stated :
That said testamentary paper is a valid instrument for the appointment of guardians.
That it was executed in the presence of two or more credible witnesses.
That he has assumed to act, and does act, as such guardian of said children.
The court, after hearing the arguments upon both sides, gave the following opinion:
James Williams, of Washington county, in the District, of Columbia, having been advised that in and by a paper purporting to be the last will and testament of his brother, John Williams, late of said county, deceased, which has been *117admitted to…
2Cases cited3 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Durant v. StarrMassachusetts Supreme Judicial Court · 1814
- Hawley v. BrownSupreme Court of Connecticut · 1793