Tompkins v. Tompkins
U.S. Circuit Court for the District of Rhode Island
Action of trespass and ejectment The parties agreed to the following statement of facts: Gideon Tompkins, on the, 31st day of December, A. D. 1836, made and executed his last will and testament, thereby disposing of all his estate, both real and personal, and after-wards died. The said will at a court of probate holden in Little Compton on the -- day of-, A. D. 1S37, was duly proved, approved, and ordered to be recorded.
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Action of trespass and ejectment The parties agreed to the following statement of facts: Gideon Tompkins, on the, 31st day of December, A. D. 1836, made and executed his last will and testament, thereby disposing of all his estate, both real and personal, and after-wards died. The said will at a court of probate holden in Little Compton on the -- day of-, A. D. 1S37, was duly proved, approved, and ordered to be recorded. From the decree of the said court, approving said will, an appeal was taken to the then next term of the supreme judicial court, for the county of Newport, being the supreme…
1Opinion of the Court
STORY, Circuit Justice.
The only question in this cause is, whether, in Rhode Island, the probate of a will, by the proper probate court of the state, is conclusive, as to the real estate, as it certainly is, as to the personal estate of the deceased. We all know, that in England the distinction has been constantly maintained, that the probate of a will by the proper ecclesiastical court is conclusive, as to the personalty, but that it is not even evidence, as to the real estate. The reason is, that the ecclesiastical courts have no jurisdiction whatsoever, except over wills of personal…
2Cases cited2 opinions
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Inhabitants of Dublin v. ChadbournMassachusetts Supreme Judicial Court · 1820
3Cited by13 opinions
- Goodman v. WinterSupreme Court of Alabama · 1879
- In re the Probate of the Will of JackmanWisconsin Supreme Court · 1870
- Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
- State v. BlakeSupreme Court of Connecticut · 1897
- Johns v. HodgesCourt of Appeals of Maryland · 1884
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