Legal Opinion

Brown v. Scherrer

Colorado Court of Appeals

Decided September 15, 1894PublishedCited by 11 opinions

Appeal from the County Court of Arapahoe County.

1Opinion of the CourtBissell, P. J.

This appeal presents a question entirely new to our jurisprudence. We have therefore approached its consideration with great circumspection and with careful study of all the decisions which industrious and able counsel have coLlected.

The question is: Does marriage, without the birth of an heir, operate to revoke a will ?

In October, 1881, Richard Brown was the husband of Celestia. On that date he made his will, whereby he bequeathed to her all his personal property and a life estate in all else of which he should die seized, and limited on that estate a fee in remainder to Henry and William…

2Cases cited5 opinions

  1. Tyler v. TylerIllinois Supreme Court · 1857
  2. Garrett v. DabneyMississippi Supreme Court · 1854
  3. Swan v. HammondMassachusetts Supreme Judicial Court · 1884
  4. Morgan v. IrelandIdaho Supreme Court · 1880
  5. Mitchell v. HughesColorado Court of Appeals · 1893

3Cited by11 opinions

  1. Hulett v. CareySupreme Court of Minnesota · 1896
  2. Hoy v. HoyMississippi Supreme Court · 1908
  3. Adler v. AdlerWashington Supreme Court · 1909
  4. Colcord v. ConroySupreme Court of Florida · 1898
  5. Appenfelder v. Security Trust & Savings BankCalifornia Court of Appeal · 1929

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