Woodruff v. Williams
Supreme Court of Colorado
Appeal from the District Court of Las Animas County: Hon. Jesse G. Northcutt, ,Judge. James M. Rice made his last will and testament, ■wherein, after providing for the payment of his funeral expenses and debts, he devised to each of his six nephews and to his niece Mary the sum of $500. The will then provides that, after deducting the above named bequests, the balance of all his property shall be divided into- four equal shares, for the benefit of his three sisters, Joanna…
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Appeal from the District Court of Las Animas County: Hon. Jesse G. Northcutt, ,Judge. James M. Rice made his last will and testament, ■wherein, after providing for the payment of his funeral expenses and debts, he devised to each of his six nephews and to his niece Mary the sum of $500. The will then provides that, after deducting the above named bequests, the balance of all his property shall be divided into- four equal shares, for the benefit of his three sisters, Joanna E. Wallace, Sarah B. French and Eleanor I). Rice, and to his niece Elizabeth L. Rice, one share to each of the four…
1Opinion of the CourtJustice Bailey
In the complaint as originally filed, and upon which the demurrer was based, it was alleged that the administration of the estate of James M. Bice in Colorado was closed in 1891, instead of 1881. The demurrer interposed was that the action was barred by reason of the statute of limitations. Upon the allegations of the complaint the court found that the action was not barred. (See French v. Woodruff, 25 Colo. 339, wherein will also be found a complete statement of the allegations of the complaint.) The question of laches was raised in the argument upon that demurrer and, while the court…
2Cases cited31 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Landsdale v. SmithSupreme Court of the United States · 1882
- MacKall v. CasilearSupreme Court of the United States · 1890
26 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Sapp v. WarnerSupreme Court of Florida · 1932
- Sinclair v. GunzenhauserIndiana Supreme Court · 1912
- Eblen v. EblenWyoming Supreme Court · 1951
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
- Duncan v. Colorado Investment & Realty Co.Supreme Court of Colorado · 1947
13 more not listed; retrieve them via the Exa API.