Legal Opinion

Cahill v. Eberly

District Court, District of Columbia

Decided February 4, 1930No. 5020PublishedCited by 5 opinions

1Opinion of the Court

MARTIN, Chief Justice.

This appeal raises the question (a) whether a widow was obliged under the circumstances to file a statutory renunciation in order to take under the law rather than under the will of her deceased husband, and (b) if so, whether her declarations and acts subsequent to the probating of the will amounted in law to such a renunciation. The controlling facts in the case are conceded.

Samuel G. Eberly, a resident of the District of Columbia, died testate on August 24, 1927, leaving a widow, Amelia E. Eberly, and four children by a prior marriage. He left no issue of the later…

2Cases cited3 opinions

  1. Crozier's AppealSupreme Court of Pennsylvania · 1879
  2. Fosher v. GuilliamsIndiana Supreme Court · 1889
  3. Church v. McLarenWisconsin Supreme Court · 1893

3Cited by5 opinions

  1. Mead v. PhillipsCourt of Appeals for the D.C. Circuit · 1943
  2. Rosser H. Payne v. B. Austin Newton, Jr., Administrator, Estate of Beulah E. PayneCourt of Appeals for the D.C. Circuit · 1963
  3. Spencer v. WilliamsDistrict of Columbia Court of Appeals · 1990
  4. Sarbacher v. McNamaraDistrict of Columbia Court of Appeals · 1989
  5. In re Estate of ScherrAppellate Court of Illinois · 2017

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