Hanley v. Kansas & T. Coal Co.
U.S. Circuit Court for the District of Western Arkansas
In Equity. The amended bill in this case shows: That on the 11th day of July, 1870, Elijah J. Woolage died in the county of Sebastian and state of Arkansas, seised and possessed of 820 acres of land situated in that county, and leaving the following will, which was duly probated on the 12th of September, 1870: “In the Name of God, amen! I, Elijah Woolage, of Sebastian county, state of Arkansas, being of sound mind and disposing memory, and calling to mind the uncertainly of…
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In Equity. The amended bill in this case shows: That on the 11th day of July, 1870, Elijah J. Woolage died in the county of Sebastian and state of Arkansas, seised and possessed of 820 acres of land situated in that county, and leaving the following will, which was duly probated on the 12th of September, 1870: “In the Name of God, amen! I, Elijah Woolage, of Sebastian county, state of Arkansas, being of sound mind and disposing memory, and calling to mind the uncertainly of life, and being desirous to dispose of all such worldly estate as it has pleased God to bless me with, I give and…
1Opinion of the CourtRogers, District Judge
(after stating the facts). The intention of the maker of this will seems to me manifest. Pie and his wife were both old, and they had no children. The beneficiaries tinder the will were his former slaves. They had, no doubt, been faithful while in slavery, and, attached to him, had remained with him after they were freed. They had doubtless enabled him to accumulate this property, and therefore had a stronger claim on his bounty than any one else. He knew they were unlettered, improvident, and unable to cope with their environments. Pie wished not only to provide against those whom he thought…
2Cases cited4 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Frost v. SpitleySupreme Court of the United States · 1887
- Dick v. ForakerSupreme Court of the United States · 1894
- Adoue v. StrahanU.S. Circuit Court for the District of Western Arkansas · 1899
3Cited by2 opinions
- Pankey v. OrtizNew Mexico Supreme Court · 1921
- Johnston v. Corson Gold Mining Co.Court of Appeals for the Ninth Circuit · 1907