Darlington v. Turner
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE BISTRICT OF COLUMBIA. In June,. 1898, Philip A. Tracy died in the city of Washington, where he was domiciled.
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APPEAL FROM THE COURT OF APPEALS OF THE BISTRICT OF COLUMBIA. In June,. 1898, Philip A. Tracy died in the city of Washington, where he was domiciled. His will,, executed in Washington on March 2, 1894, was duly probated in August, 1898. The will directed the executors to build a family monument, to cause to be inscribed thereon the names and the dates of the birth and death of the deceased, of his father and mother and of a brother and sister, in accordance with minute directions contained in a memorandum accompanying the.will. A bequest of one thousand dollars was made to the Oak Hill…
1Opinion of the Court
Me. Justice White,
after making the foregoing statement, '.delivered the opinion .of the court.
As no reference was made to the subject in the opinions, below and as we construe the argument at bar as not seriously pressing such question, we assume, for the purposes of the case, the right of the complainants to maintain under the averments of their bill a direct action or.suit to recover the fund in con troversy. To come to the substantial merits we summarily dispose of certain preliminary contentions. First. We are of opinion that upon the pleadings and proof the Court of Appeals did not err…
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