Woods v. Little

Citation134 F. 229
Decision Date09 January 1905
Docket Number30.
CourtUnited States Courts of Appeals. United States Court of Appeals (3rd Circuit)

Charles A. Woods, for appellant.

H. H Rowand, for appellee.

Before ACHESON, DALLAS, and GRAY, Circuit Judges.

GRAY Circuit Judge.

The appellee, Frederick Vogel Little, on November 9, 1902, filed his voluntary petition in bankruptcy. With his petition were filed schedules in due form. The debtor was duly adjudged a bankrupt, and the matter referred to a referee. On February 18, 1903, the bankrupt filed his petition for discharge. On proceedings had thereon, opposition was made to the said discharge. On proceedings had thereon, opposition was made to the said discharge by the appellant, Edward A. Woods, the principal creditor of the bankrupt. Formal objections to the discharge of the bankrupt were filed March 24, 1903, two of which were as follows:

'2nd. Knowingly and fraudulently concealed while a bankrupt, from his trustee, property belonging to his estate in bankruptcy, viz., valuable interests in the estate of his mother, Martha J. Little, deceased, and his grandfather William Agnew, deceased, now in the hands of the Girard Trust Company, of Philadelphia, Pa., executor and trustee said interests consisting of both real and personal property.'
'Fourth. Knowingly and fraudulently made a false oath in relation to said proceedings in bankruptcy, viz., in his said schedules, signed and sworn to, Schedule B. Form 4, in averring that he has no property in reversion, remainder or expectancy, including property held in trust for the debtor, or subject to any right or power to dispose of or to charge whereas said averments were false and untrue, said bankrupt having valuable interests in both real and personal property, through the said estates of his grandfather, William Agnew, deceased, and his mother, Martha J. Little, deceased, which said bankrupt well knew.'

These objections were referred to the referee, as a special master to take testimony and make report thereof to the court and of his findings of fact, together with his recommendation in favor of or against said discharge. Pursuant to said order, a hearing was had before the referee, and testimony taken pertinent to the questions raised by said second and fourth objections. Pending this reference, a petition was presented to the referee, by the trustee, for an order on the bankrupt to execute an assignment or conveyance of his interest in certain property referred to in the second objection above recited. From the evidence before the referee, the following facts appear:

William Agnew, the grandfather of the bankrupt, died in or about the year 1866, having made and executed his last will and testament, which was after his death duly admitted to probate. It appears that the estate of the said testator consisted of personal property worth, approximately, $33,000, and certain real estate, consisting of a house and lot in the city of Philadelphia. The will, after first bequeathing the sum of $500 to his wife and his daughter, Elizabeth, respectively, devises the house and lot to his wife for life, and after her death to his daughter, Elizabeth, for life, or until her marriage, and provides that at the marriage or death of his daughter, Elizabeth, the said house and lot shall fall back as part of the residue of the estate and be sold, and the proceeds divided amongst his children as afterwards in said will is directed. The will further provides:

'Fifth. I give and bequeath to my dear wife and to my daughter, Elizabeth, the income of my whole estate to be enjoyed by my said wife during her lifetime and by my daughter, Elizabeth, until she marries, in the proportion of 2/3 of said income to be for the sole use of my said widow, and 1/3 for the sole use of my said daughter, Elizabeth, and in the event of the death of my said widow before the marriage or death of my said daughter, Elizabeth, then my will is that I direct that 2/3 of the income of my said estate be for the use of my said daughter, Elizabeth, and given to her so long as she remains unmarried, and the remaining 1/3 be paid to my daughter, Mary Jane Little. But at the marriage of my said daughter, Elizabeth,

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7 cases
  • Gallagher v. De Lancey Stables Co.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • January 9, 1908
  • Noonan v. State Bank of Livermore
    • United States
    • Iowa Supreme Court
    • December 9, 1930
    ...(D. C.) 105 F. 234;In re Twaddell (D. C.) 110 F. 145;In re McHarry (C. C. A.) 111 F. 498;In re Haslett (D. C.) 116 F. 680;Woods v. Little (C. C. A.) 134 F. 229; see, also, Loomer v. Loomer, 76 Conn. 522, 57 A. 167;Forbes v. Snow, 245 Mass. 85, 140 N. E. 418;Hughes v. Beall (Tex. Civ. App.) ......
  • Noonan v. State Bank of Livermore
    • United States
    • Iowa Supreme Court
    • December 9, 1930
    ... ... John, 105 F. 234; In re Twaddell, 110 F. 145; ... In re McHarry, 49 C. C. A. 429 (111 F. 498); In ... re Haslett, 116 F. 680; Woods v. Little, 67 C ... C. A. 157 (134 F. 229). See, also, Loomer v. Loomer, ... 76 Conn. 522 (57 A. 167); Forbes v. Snow, 245 Mass ... 85 (140 N.E ... ...
  • In re Merritt
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • October 22, 1928
    ...of the District Court, with the exercise of which, except in case of gross abuse, an appellate court will not interfere. Woods v. Little (C. C. A.) 134 F. 229, 232; In re Lord (D. C.) 22 F.(2d) 301; Seigel v. Cartel (C. C. A.) 164 F. 691; In re Leslie (D. C.) 119 F. 406; Osborne v. Perkins ......
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