Osborne v. McDonald
U.S. Circuit Court for the District of Western Washington
In Equity. Suit against trustees appointed by the will of James Osborne, deceased, to recover his estate, on the alleged grounds that the complainants are his legal heirs, and that the attempted disposition of the estate by the will contravenes the rule against the creation of estates in perpetuity and is unlawful. Hearing on the merits. Bill dismissed for failure of proof to establish the right of the complainants as heirs of the deceased to contest the will.
1Opinion of the Court
HANFORD, District Judge.
James Osborne died testate at Seattle, and his will was admitted to probate in the j^ear 1881. This suit by-alleged heirs, attacking the will, was commenced in the year 1905. The value of the estate is large, the complainants are numerous, and their respective places of residence are in so many states that it was found necessary to dismiss some of them out of the case, for the reason that their presence as parties would defeat the jurisdiction of this court; the only ground for federal jurisdiction being diversity of citizenship of the parties. The will ignores all…
2Cases cited3 opinions
- Blackburn v. CrawfordsSupreme Court of the United States · 1866
- Arnold v. ChesebroughCourt of Appeals for the Second Circuit · 1893
- Arnold v. ChesebroughU.S. Circuit Court for the District of Eastern New York · 1891