 | 1876 - 668 páginas
...etal. v. Sommcrs et al. 478 An application made after an appeal lias been taken, is too late. /ft. A suit to annul a will as a muniment of title, and to limit the operation of a decree admitting it to probate, in all its essential elements is a suit for... | |
 | Alexander James Dallas - 1876 - 856 páginas
...probate, but must be treated as brought against the devisee by strangers to the estate to annul the will as a muniment of title, and to restrain the enforcement of the decree by which its validity was established, so far as it affects their property. It is, in fact,... | |
 | Austin Abbott - 1877 - 600 páginas
...probate, but must be treated as brought by strangers to the estate, against the devisee, to annul the will as a muniment of title, and to restrain the enforcement of the decree by which its validity was established so far as it affects their property. It is in fact... | |
 | United States. Circuit Court (5th Circuit), William Burnham Woods - 1880 - 844 páginas
...probate, but must be treated as brought against the devisee by strangers to the estate to annul the will, as a muniment of title and to restrain the enforcement of the decree by which its validity was established, so far as it affects their property." It is a suit... | |
 | United States. Circuit Court (7th Circuit), Josiah Hooker Bissell - 1882 - 612 páginas
...opinion delivered by him in Gaines vs. Fuentes et al., supra. It is true that was in form a suit brought to annul a will as a muniment of title, and to restrain...the enforcement of a decree admitting it to probate; but, as said by Mr. Justice Southworth vs. Adams. BRADLEY, in his dissenting opinion, it was a proceeding... | |
 | 1885 - 916 páginas
...probate, but must be treated as brought against the devisee by strangers to the estate to annul the will as a muniment of title, and to restrain the enforcement of the decree by which its validity was established, so far as it affects their property. It is, in fact,... | |
 | J. Kendrick Kinney - 1886 - 520 páginas
...JURISDICTION, 110 et seq. Pending— When, so as to be Constructive Notice. Sf;e Lis PENDENS, 2. Proceedings to annul a Will as a Muniment of Title, and to restrain Probate, a Suit. See CIRCUIT COURT — JURISDICTION, 36. Proceedings to take Land in Exercise of Right... | |
 | Robert Desty - 1893 - 544 páginas
...compel an accounting by the administrator without a preliminary accounting before the probate court.2 A suit to annul a will as a muniment of title, and...the enforcement of a decree admitting it to probate, may be maintained by original process in the circuit court if the parties are citizens of different... | |
 | 1900 - 1088 páginas
...States. See note, 73 Am. Dee. 55. Distinguished in Gaines v. Fuentes, 92 US 21, 23 L. 529, holding, where suit to annul a will as a muniment of title, and to...the enforcement of a decree admitting it to probate, may be maintained in State court, it may be maintained in Federal court having jurisdiction of parties;... | |
 | Emlin McClain - 1900 - 1134 páginas
...probate, but must be treated as brought against the devisee by strangers to the estate to annul the will as a muniment of title, and to restrain the enforcement of the decree by which its validity was established, so far as it affects their property. It is, in fact,... | |
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... brought against the devisee by strangers to the estate to annul the will as a muniment of title, and to restrain the enforcement of the decree by which its validity was established, so far as it affects their property. 
