Blake v. Hawkins
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. George Pollock, who was seised and possessed of a large estate, consisting of lands, slaves, and personal effects, died in 1839. He devised and bequeathed it all to his sister Frances, wife of John Devereux, by whom she had three children, Thomas P., George, and Frances Ann who intermarried with Leonidas Polk.
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Appeal from the Circuit Court of the United States for the Eastern District of North Carolina. George Pollock, who was seised and possessed of a large estate, consisting of lands, slaves, and personal effects, died in 1839. He devised and bequeathed it all to his sister Frances, wife of John Devereux, by whom she had three children, Thomas P., George, and Frances Ann who intermarried with Leonidas Polk. George died leaving his children Elizabeth and Georgina surviving him, the former of whom is the wife of Grinfill Blake, and the latter of John Townsend. On July 3, 1839, John Devereux and…
1Opinion of the CourtJustice Strong
It is a common remark, that, when interpreting a will, the attending circumstances of the testator, such as the condition of his family, and the amount and character of his property, may and ought to be taken into consideration. The interpreter may place himself in the position occupied by the testator when he made the will, and from that standpoint discover what was intended. Brown v. Thorndike, 15 Pick. (Mass.) 388; Postlethwaite’s Appeal, 68 Pa. St. 477; Smith v. Bell, 6 Pet. 68. Such a method of procedure is, we think, appropriate to the present case.
Mrs. Devereux’s will was made on the…
2Cases cited2 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Emerton v. AndrewsMassachusetts Supreme Judicial Court · 1808
3Cited by42 opinions
- Evans v. OckershausenCourt of Appeals for the D.C. Circuit · 1938
- Lee v. SimpsonSupreme Court of the United States · 1890
- Adams v. CowenSupreme Court of the United States · 1900
- Warner v. Connecticut Mutual Life InsuranceSupreme Court of the United States · 1883
- Galbraith v. LunsfordTennessee Supreme Court · 1888
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