Legal Opinion

Cate v. Cranor

Indiana Supreme Court

Decided November 15, 1868PublishedCited by 21 opinions

APPEAL from the Wayne Common Pleas. This was a suit, by Cate, the appellant, against the executor and heirs at law of Joshua Cranor, deceased. The complaint Avas in two paragraphs.

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APPEAL from the Wayne Common Pleas. This was a suit, by Cate, the appellant, against the executor and heirs at law of Joshua Cranor, deceased. The complaint Avas in two paragraphs. It Avas averred in the first that the appellant Avas entitled to an equal tenth of a large amount of money and notes belonging to the estate of said decedent, and undisposed of by his avíII, and which had descended under the law 'to the appellant and the appellees in equal proportions; that said notes had been reduced to money, and the amount was in the hands of the executor, ready for distribution, and that the…

1Opinion of the CourtFrazer, J.

This case calls for an interpretation of a clause of the testator’s will, which is as follows:

“My further Avill and desire is,that my executors sell all of my property not above named, and the proceeds, after paying all my just debts and the above named bequests, be divided amongst my sons Thomas, Stephen, William, Moses, *294and Milo, and my daughters Sarah, Anna, Hannah, and Amanda.”

The appellant was a grandson of the testator, and claims that the foregoing clause does not dispose of money and the avails of promissory notes and other claims held by the testator at the time of his death, and…

2Cited by21 opinions

  1. Skinner v. SpannIndiana Supreme Court · 1911
  2. Pate v. BushongIndiana Supreme Court · 1903
  3. Myers v. CarneyIndiana Supreme Court · 1908
  4. Borgner v. BrownIndiana Supreme Court · 1893
  5. Roy v. RoweIndiana Supreme Court · 1883

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