Faul v. Hulick
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decree of the Supreme Court of the District of Columbia in a proceeding by way of interpleader to determine the rights of respective claimants of a fund belonging to the estate of a decedent. The Court in its opinion stated the case as follows: This case began with a bill of interpleader filed by the administrators, with the will annexed, of the estate of Sophia Rhodes, deceased.
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Hearing on an appeal from a decree of the Supreme Court of the District of Columbia in a proceeding by way of interpleader to determine the rights of respective claimants of a fund belonging to the estate of a decedent. The Court in its opinion stated the case as follows: This case began with a bill of interpleader filed by the administrators, with the will annexed, of the estate of Sophia Rhodes, deceased. After the payment of all claims there remained in the hands of the administrators a fund of $14,89,1.89 for distribution. Of this there were three sets of claimants, namely, the Young…
1Opinion of the CourtJustice Shepard
1. All that is certainly shown in the evidence agreed upon by the parties is, that the testatrix, Sophia Bhodes, and her son, Eugene, perished in the same disaster. There is no evidence upon which to base a judicial opinion that either survived the other; and in adjudicating the rights of those claiming under either of them the order of their deaths must be considered as judicially unascertainable.
Unlike the Boman law, and the modern laws of some •countries and States derived or adopted therefrom, the common law indulges no presumption of survivorship, whatever may have been the age, sex, or…
2Cases cited14 opinions
- Newell v. . NicholsNew York Court of Appeals · 1878
- Smith v. CroomSupreme Court of Florida · 1857
- Paden, Administrator v. BriscoeTexas Supreme Court · 1891
- Robison v. Female Orphan Asylum of PortlandSupreme Court of the United States · 1887
- Cowman v. RogersCourt of Appeals of Maryland · 1891
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