HOME FOR INCURABLES v. NOBLE

Nos. 57, 61.

172 U.S. 383 (1899)

HOME FOR INCURABLES v. NOBLE. COLVILLE v. AMERICAN SECURITY AND TRUST COMPANY.

Supreme Court of United States.

Decided January 3, 1899.


Attorney(s) appearing for the Case

Mr. George H. Yeaman and Mr. J.S. Flannery for the Home for Incurables. Mr. George C. Kobbe was on their brief.

Mr. Henry P. Blair for the Hospital of the University of Pennsylvania.

Mr. Henry Thompson for Mrs. Colville. Mr. Edwin Sutherland filed a brief for same.

Mr. Henry Randall Webb and Mr. John Sidney Webb for Mrs. Noble and others.

Mr. William A. McKenney submitted on behalf of the American Security and Trust Company.


MR. JUSTICE WHITE, after making the foregoing statement, delivered the opinion of the court.

It will subserve clearness of understanding to accurately define at the outset the real contentions which underlie the issues presented.

It is not gainsaid by either of the beneficiaries under the will that the plain intention of the testatrix expressed in the codicil was to give Mrs. Colville the sum of five thousand dollars. Indeed, assertion that there was doubt...

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