Smithsonian Institution v. Meech
Supreme Court of the United States
APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. On June 4, 1895, the appellant, as plaintiff, filed its bill in the Supreme Court of the District of Columbia to enforce certain rights claimed under a will made by Robert S. Avery, on July 22, 1893. In this will, after sundry bequests to his own relatives, is the following: “ I bequeath to the sister and brothers of my late wife one thousand dollars (1000) to be equally divided between them.
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APPEAL FROM THE COURT OF APPEALS OF THE DISTRICT OF COLUMBIA. On June 4, 1895, the appellant, as plaintiff, filed its bill in the Supreme Court of the District of Columbia to enforce certain rights claimed under a will made by Robert S. Avery, on July 22, 1893. In this will, after sundry bequests to his own relatives, is the following: “ I bequeath to the sister and brothers of my late wife one thousand dollars (1000) to be equally divided between them. I have already given these last over a thousand dollars which my wife inherited from her father, also clothing and other gifts, thus…
1Opinion of the CourtJustice Brewer
The legal title to this property passed by the conveyance in 1885 to Mrs. Avery. She died without will. Prima facie, therefore, the title then passed to her heirs, the appellees. The plaintiff insists that in fact the purchase price was paid by Mr. Aveiy and paid under an oral agreement, whereby a resulting trust was created which changed the course of the title, and the first questions are, whose money paid for the lot, and was there such an agreement, and, if so, what were its terms ?
That the money which was used in making payment for the lot was the money of Mr. Avery, is not seriously…
2Cases cited6 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Cotton v. WoodSupreme Court of Iowa · 1868
- Guthrie v. GardnerNew York Supreme Court · 1838
- Beall v. SchleyCourt of Appeals of Maryland · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by110 opinions
- Keifer & Keifer v. Reconstruction Finance Corp.Supreme Court of the United States · 1939
- In Re the Probate of the Will of CookNew York Court of Appeals · 1926
- Estate of HiteCalifornia Supreme Court · 1909
- Haynes v. First Nat'l State Bk. of NJSupreme Court of New Jersey · 1981
- Moran v. MoranSupreme Court of Iowa · 1909
105 more not listed; retrieve them via the Exa API.