Colton v. Colton
Decision Date | 30 April 1888 |
Citation | 32 L.Ed. 138,8 S.Ct. 1164,127 U.S. 300 |
Parties | COLTON v. COLTON, (two cases.) 1 |
Court | U.S. Supreme Court |
[Syllabus from pages 300-301 intentionally omitted] These are two bills in equity, one filed by Martha Colton and the other by Abigail R. Colton, each of whom is a citi- zen of the state of New York, against Ellen M. Colton, a citizen of California. Martha Colton alleges in her bill that she was a sister of David D. Colton, who died in San Francisco, Cal., on October 9, 1878, and that the defendant, Ellen M. Colton, is his widow; that on October 8, 1878, the said David D. Colton made and executed in due form his last will and testament, a copy, the case was tried to a jury, which found for S. and is set out as follows: The bill further alleges that on or about October, 29, 1878 'the defendant duly filed the said last will and testament of the said David D. Colton in the then probate court in and for the city and county of San Francisco, state of California, and thereafter such proceedings were duly had in said probate court that on or about the 11th day of November, A. D. 1878, an order of said probate court was duly made and entered appointing the defendant executrix of the said will and testament, and thereupon the defendant duly qualified as such executrix, and letters testamentary upon the said last will and testament were duly granted and issued to her, the said defendant, and the said defendant thereupon entered upon and thereafter continued to discharge the duties as such executrix until about the 18th day of December, A. D. 1879, when, by an order or decree of said probate court, then and there duly made and entered, the whole estate, real and personal, of the said David D. Colton then remaining was distributed to the said defendant, and she was discharged from any further duties as such executrix.' The bill then alleges that the estate of David D. Colton thus distributed to the defendant was of the value of about $1,000,000, and that the defendant, though often demanded, has failed, neglected, and refused to make to the plaintiff any gift or provision whatever from the estate of said David D. Colton.
The bill also contains the following allegations:
The prayer of the bill is that the 'defendant may be compelled to execute the terms and directions of the said last will and testament of the said David D. Colton, and to make your oratrix a suitable provision from the said estate of the said David D. Colton in such amount and in such manner as to your honors shall seem most meet and proper in the premises.' Abigail R. Colton, complainant in the other bill, is the mother of Martha Colton, and also of David D. Colton, the testator. Her bill is in substance the same as that of Martha Colton, and prays for similar relief, but contains the following ...
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