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DOE, LESSEE OF POOR v. CONSIDINE

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73 U.S. 458 (1868)

6 Wall. 458

18 L.Ed. 869

DOE, LESSEE OF POOR, v. CONSIDINE.

Supreme Court of United States.

March 23, 1868.

Attorney(s) appearing for the Case

Messrs. T. Ewing and H.H. Hunter, for the plaintiffs in error:

Messrs. Stanbery and H.H. Lincoln, contra.

Mr. Justice SWAYNE delivered the opinion of the court.

I. At the threshold of the subject before us, the inquiry arises as to the extent of the trust estate vested by the will in the three sons-in-law of the testator.

The determination of this point is not vital in the case; for whether they took the legal fee or not, and whether the estate of Mary Jane Barr was legal or equitable in its character, the result must...

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