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WELLFORD V. SNYDER, 137 U. S. 521 (1890)

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U.S. Supreme Court

Wellford v. Snyder, 137 U.S. 521 (1890)

Wellford v. Snyder

No. 105

Argued December 5, 8-9, 1890

Decided December 22, 1890

137 U.S. 521




A testator bequeathed to four daughters the sum of $20,000 apiece, to be invested in public securities and held in trust by his executors for his said daughters respectively, and the income, as it accrued, applied to their several use and benefit, and directed that "from and after the intermarriage of any of them," the executors should hold the securities "belonging to the said daughter so marrying in trust for the following purposes," namely, for the maintenance of her and her husband and the survivor of them for life, and after the death of both "for such issue as she may leave at the time of her death, and in case she shall die without leaving such issue," then for her surviving sisters and the issue of any deceased sister, and declared his intention that both principal and income should be free from the control of any husband, "and, the better to secure the payment of these my daughters, fortunes," directed that if a fund appropriated to the payment of debts and legacies should be insufficient, his whole estate should be charged "to make up the deficiency to my said daughters." Held that the principal of the sum bequeathed to a daughter, who never married, vested in her absolutely, and passed by her will. chanroblesvirtualawlibrary

Page 137 U. S. 522

This was a bill in equity, in the nature of a bill of interpleader, for the construction of the will, dated July 1, 1824, of John Tayloe, by which, after providing for his wife, giving an annuity of $1,200 to a daughter-in-law, making a devise to a grandson, and devising and bequeathing the greater part of his lands and personal property to his six sons, he provided for his daughters as follows:

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