Martin v. Fort
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is an appeal from a decree of the circuit court for the Middle district of Tennessee dismissing the complainants’ bill in equity on demurrer for nonjoinder of necessary parties. -The bill was filed by Mrs. Carrie Martin and others, claiming, as appointees under the will of Susan M. Seat to a fund bequeathed under the will of Susan M. Seat’s father, James Anderson, their shares of…
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Appeal from the Circuit Court of the United States for the Middle District of Tennessee. This is an appeal from a decree of the circuit court for the Middle district of Tennessee dismissing the complainants’ bill in equity on demurrer for nonjoinder of necessary parties. -The bill was filed by Mrs. Carrie Martin and others, claiming, as appointees under the will of Susan M. Seat to a fund bequeathed under the will of Susan M. Seat’s father, James Anderson, their shares of said’fund against Fort, the administrator of S. B. Seat, the trustee and custodian of, tjae fund named in the will of…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). The theory of the complainants in framing the bill was that Mrs. Seat only took a life estate under the will of her father, James Anderson, in the trust fund provided for her, and a power of appointment upon her death, and that the complainants, by virtue of the terms of her will, were her appointees. If this is sound, then it is difficult to see what necessity there was for the presence of Mrs. Seat’s executor as a party to the suit. Upon the proper exercise of the power of appointment, the appointees were legatees, not under Mrs. Seat’s will, but under the will of…
2Cases cited19 opinions
- Freeman v. HoweSupreme Court of the United States · 1861
- Payne v. HookSupreme Court of the United States · 1869
- Byers v. McAuleySupreme Court of the United States · 1893
- Yonley v. LavenderSupreme Court of the United States · 1875
- Borer v. ChapmanSupreme Court of the United States · 1887
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3Cited by6 opinions
- Hill v. HillNebraska Supreme Court · 1911
- Pourier v. McKinzieU.S. Circuit Court for the District of Montana · 1906
- Turner v. TurnerCourt Of Appeals Of Indian Territory · 1901
- Gochev v. First American Property & Casualty Insurance CompanyDistrict Court, W.D. Washington · 2024
- Klein v. EllisonDistrict Court, N.D. California · 2021
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