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WHEELER v. SMITH ET AL.

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50 U.S. 55 (1850)

9 How. 55

13 L.Ed. 44

WILLIAM WHEELER, APPELLANT, v. HUGH SMITH AND PHINEAS JANNEY, EXECUTORS OF CHARLES BENNETT, DECEASED, AND SURVIVING TRUSTEES UNDER HIS WILL, AND MOLLY E. TAYLOR, EXECUTRIX, AND HENRY DAINGERFIELD AND PHINEAS JANNEY, EXECUTORS OF ROBERT I. TAYLOR, DECEASED, WHO WAS AN EXECUTOR AND TRUSTEE UNDER THE SAME WILL, HUGH C. SMITH, EXECUTOR OF THE SAME CHARLES BENNETT, AND THE COMMON COUNCIL OF ALEXANDRIA, DEFENDANTS.

Supreme Court of United States.

March 1, 1850.

Attorney(s) appearing for the Case

It was argued by Mr. James M. Mason and Mr. Cooke, for the appellant, and Mr. Davis and Mr. Coxe, for the appellees.

Mr. Mason contended, —

Mr. Cooke, for the appellant, in reply and conclusion.

Mr. Justice McLEAN delivered the opinion of the court.

This controversy arises under the last will and testament of Charles Bennett, late of Alexandria. After making a number of specific bequests, the testator declares, — "The residue of my estate is left in trust of Hugh Smith, Robert I. Taylor, and Phineas Janney, for such purposes as they consider promises to to be most beneficial to the town and trade of Alexandria...

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