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KELLY v. OWEN

74 U.S. 496 (____)

7 Wall. 496

KELLY v. OWEN ET AL.

Supreme Court of United States.

Attorney(s) appearing for the Case

The case was submitted by Messrs. Phillips and R.J. Brent, for the appellant, and by Mr. W.J. Miller, contra.

Mr. Justice FIELD delivered the opinion of the court.

This is a suit in equity, for the sale or partition of certain real estate, situated within the District of Columbia, of which Miles Kelly was seized at the time of his death, in March, 1862. The deceased died intestate, and without issue, leaving surviving him, in the United States, a widow, Ellen, and two sisters, Ellen Owen and Margaret Kahoe. The widow claimed the entire estate, after the payment of the

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