Lucas v. McNeill
Court of Appeals for the Eighth Circuit
Petition to Revise Order of the District Court of the United States for the District of Kansas; John C. Pollock, Judge. In the matter of William H. Lucas, bankrupt. Petition by the bankrupt against Maurice McNeill, trustee, to revise an order of the District Judge affirming the conclusion of the referee that the bankrupt was the owner of a vested remainder in certain real estate devised by his father’s will. This is a petition to revise an order in bankruptcy.
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Petition to Revise Order of the District Court of the United States for the District of Kansas; John C. Pollock, Judge. In the matter of William H. Lucas, bankrupt. Petition by the bankrupt against Maurice McNeill, trustee, to revise an order of the District Judge affirming the conclusion of the referee that the bankrupt was the owner of a vested remainder in certain real estate devised by his father’s will. This is a petition to revise an order in bankruptcy. The facts, as they appear from the record, are that the petitioner was adjudicated a bankrupt; that the trustee, who had been duly…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). The only question involved is whether the bankrupt has a vested remainder under the will of his father in the lands of which his father died seised. On behalf of the petitioner it is claimed that as tire devise is to the mother, who is still living and unmarried, “and assigns,” and devises to his children only the property “remaining,” she has an absolute fee, and the children only a contingent remainder, ’ dependent upon the widow remarrying or dying seised of the property devised to her, and unless that happens he has no interest in the lands which could…
2Cases cited8 opinions
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- McNutt v. McCombSupreme Court of Kansas · 1899
- Ernst v. FosterSupreme Court of Kansas · 1897
- Bullock v. WiltbergerSupreme Court of Kansas · 1914
- Holt v. WilsonSupreme Court of Kansas · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Watkins v. FrenchSupreme Court of Oklahoma · 1931
- Wells v. BrownCourt of Appeals for the Eighth Circuit · 1919
- Board of Directors v. BrownCourt of Appeals for the Eighth Circuit · 1937
- Pollack v. Meyer Bros. Drug Co.Court of Appeals for the Eighth Circuit · 1916