Dinwiddie v. Metzger
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiffs from a decree of the Supreme Court of the District of Columbia, sitting as an equity court, in a suit for the construction of a will.
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Hearing on an appeal by the plaintiffs from a decree of the Supreme Court of the District of Columbia, sitting as an equity court, in a suit for the construction of a will. The Court in the opinion stated the facts as follows: Mary O. Metzger died in this District on April 21, 1912, leaving' her husband, Millard Metzger, and two sisters, Ella S. Todd and Lulu A. Burton, and Elorence C. Dinwiddie and Marion L. Dinwiddie, daughters of a deceased sister, as her heirs at law and next of kin. She left a will, which provided, after some immaterial bequests, as follows: “To my husband, Millard…
1Opinion of the CourtJustice Van Orsdel
delivered tbe opinion of tbe Court:
But two questions are here involved, wbicb are stated in tbe brief of appellants, as follows:
“First. Is tbe intestacy of Mary O. Metzger to be considered as occurring as of tbe date of her'death, or is it to be considered as arising thereafter, upon tbe death of her husband, and as taking effect from that time, when tbe trust created by her will failed ? ■
“Second. Is tbe one-half interest in 925 Massachusetts avenue, directed by tbe will to be purchased, to be considered as real or personal property ?”
From tbe language of tbe will, Mrs. Metzger seems to have…
2Cases cited4 opinions
- Fontain v. RavenelSupreme Court of the United States · 1855
- Blount v. WalkerSupreme Court of South Carolina · 1889
- Rizer v. PerryCourt of Appeals of Maryland · 1882
- Pate v. BarrettCourt of Appeals of Kentucky · 1834
3Cited by2 opinions
- Noel v. OldsCourt of Appeals for the D.C. Circuit · 1943
- Baker v. National Savings and Trust Co.Court of Appeals for the D.C. Circuit · 1950