Haines Et Al v. Carpenter Et Al
| Decision Date | 01 October 1875 |
| Citation | 91 U.S. 254,23 L.Ed. 345 |
| Parties | HAINES ET AL. v. CARPENTER ET AL |
| Court | U.S. Supreme Court |
APPEAL from the Circuit Court of the United States for the District of Louisiana.
Celia A. Groves of Madison Parish, Louisiana, by her will, dated the 27th of January, 1872, among other things bequeathed to the Baptist church in the city of Vicksburg, the plantation on which she lived, except one hundred and fifty acres, which were designated; and expressed a desire that the church should hold it, and not sell it, and that the proceeds should be employed to educate young men for the ministry. She appointed her brother-in-law, Charles Carpenter, her universal legatee and executor, giving him seizure of the estate to carry out the provisions of the will and the purposes of the trust. The will was admitted to probate on the 16th of March, 1872, by the parish judge; and Carpenter assumed the duties of executor, and took possession of the estate.
The bill in this case was filed in September, 1872, by the appellants, as Trustees of the Vicksburg Baptist Church of Vicksburg in Mississippi, a body corporate of that State, alleging that said church was the one intended by the will, and charging various matters of complaint upon which relief is sought. The defendants are, first, the executor, Charles Carpenter; secondly, one Elias S. Dennis, who claims to have been a partner of testatrix; thirdly, Mary Stout, Julia Trezevant, and others, who claim to be the heirs of the testatrix; fourthly, Richard H. Groves and others, who claim to be the heirs of her deceased husband, George W. Groves; fifthly, John A. Klein and others, legatees named in the will.
The bill states that Carpenter is unfit and incompetent to manage and control the estate, and that he lets it run to waste; and asks that he be removed, and a receiver appointed.
It further states that Dennis has instituted a suit against the executor in the Thirteenth District Court of Louisiana, claiming to have been a partner of testatrix, and that a large amount is due him as such, with a view of absorbing the succession by a judgment; and that the executor is colluding and combining with him, and asks that they be enjoined from continuing such combination.
It also states that Mary Stout, Julia Trezevant, and others, claiming to be the testatrix's heirs, have instituted a suit in the Parish Court of Madison Parish, alleging that the bequest to the church is void, and praying that it may be declared void, for various reasons, amongst others, as being uncertain, against the laws of Louisiana, and attempting to establish a perpetuity; and that the complainants answered the petition in said suit, which is still pending.
And further, that Richard H. Groves and others, alleging themselves to be the heirs of George W. Groves,...
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Riehle v. Margolies 1929
...a fortiori, as to the subject-matter of a suit pending in a state court when the receivership suit was begun. Compare Haines v. Carpenter, 91 U. S. 254, 23 L. Ed. 345. The rule that, when the jurisdiction of a court, and the right of a plaintiff to prosecute his suit in it have once attache......
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Toucey v. New York Life Ins Co Phoenix Finance Corporation v. Bridge Co
...discarded in Kline v. Burke Construction Co., 260 U.S. 226, 235, 43 S.Ct. 79, 83, 67 L.Ed. 226, 24 A.L.R. 1077. Cf. Haines v. Carpenter, 91 U.S. 254, 257, 23 L.Ed. 345. 10 There is no warrant for the assumption that, in the proposals for the Judicial Code of 1911, Congress had before it the......
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...of a later, missing will or codicil. Ellis v. Davis, supra, 109 U.S. at pages 503-504, 3 S.Ct. at pages 338-339; Haines v. Carpenter, 1875, 91 U.S. 254, 257, 23 L.Ed. 345; In re Broderick's Will, supra, 21 Wall. at page 517, 88 U.S. at page This discretionary refusal to exercise such equity......
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Bankers' Mortg. Bond Co. v. Rosenthal
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