Utermehle v. Norment
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS'OF THE DISTRICT OF COLUMBIA. The plaintiff in error seeks by this writ to review the judgment of the Court of Appeals of the District of Columbia (not yet reported), affirming the decree of .the Supreme Court of that District, sitting as a court of probate, admitting the will of George W. Utermehle to probate as a will of real estate, by virtue of the jurisdiction conferred upon the court by the act-of Congress of June 8, 1898. 30 Stat. 434. The…
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ERROR TO THE COURT OF APPEALS'OF THE DISTRICT OF COLUMBIA. The plaintiff in error seeks by this writ to review the judgment of the Court of Appeals of the District of Columbia (not yet reported), affirming the decree of .the Supreme Court of that District, sitting as a court of probate, admitting the will of George W. Utermehle to probate as a will of real estate, by virtue of the jurisdiction conferred upon the court by the act-of Congress of June 8, 1898. 30 Stat. 434. The same will had been admitted to probate in the District in the year 1889 as a will' of personalty (which was all the…
1Opinion of the Court
Mr. Justice Peckham,
after making the foregoing statement, delivered the opinion of-the court..
It is true that the plaintiff in error has received out of the estates of his grandfather and grandmother only between the sum of $140,000 and $150,000, while an equal division of the estate of his grandfather, between himself and his aunts, would have given him a much larger sum. What was the reason, if any, for this discrimination, the record does not show.
When the will of his grandfather was read the plaintiff in error was perfectly aware of its contents. He was a young man, nearly twenty-four…
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