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Roberts Vs. Lewis
Cites for this judgment
- US Supreme Court
- May 14, 1894
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U.S. 367 (1894) U.S. Supreme Court Roberts v. LewisSearch
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U.S. 367 (1894) Roberts v. LewisSearch
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the widow has power during widowhood to convey to third persons an estate in fee simple in his lands. Giles v. LittleSearch
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U. S. 291 , overruled, and Little v. GilesSearch
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remarriage, to convey an estate in fee simple in any of the lands whereof her deceased husband had died seised. Little v. GilesSearch
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should the circuit court of appeals be governed by the decision of the Supreme Court of the United States in Giles v. LittleSearch
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U. S. 300 , or by the subsequent decision of the Supreme Court of the State of Nebraska in Little v. GilesSearch
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of the will of Jacob Dawson, deceased, which was adopted by the Supreme Court of the United States in Giles v. LittleSearch
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the fact that said Walter F. Lewis purchased said property subsequently to the promulgation of said decision in Giles v. LittleSearch
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and prior to the decision of the Supreme Court of the State of Nebraska in the case of Little v. GilesSearch
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and was treated as of no weight, and it was held, reversing the decision of Judge McCrary in Giles v. LittleSearch
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statute as controlling the construction of the will, and making it clear that the widow took an estate in fee. Little v. GilesSearch
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of the case, and is entitled to great weight, especially upon the construction of the statute of the state. Suydam v. WilliamsonSearch
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which, of itself, would carry a fee unless restricted by other words. Lambert v. PaineSearch
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the power of the widow is less absolute over the real estate than over the personal property. The cases of Smith v. BellSearch
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Pet. 68, and Brant v. VirginiaSearch
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involved the construction of wills expressed in different language from that now before the Court. In Smith v. BellSearch
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and void, the view of the Supreme Court of Nebraska that the widow took an estate in fee is fortified. See Howard v. CarusiSearch
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U. S. 296 , 141 U. S. 315 -316. Page 153 U. S. 379 In Brant v. VirginiaSearch
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estate vested in her by the will in such lands, should be governed not by the former decision of this Court in Giles v. LittleSearch
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U. S. 291 , but by the decision of the Supreme Court of Nebraska in Little v. GilesSearch
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U.S. Supreme Court Roberts v. LewisSearch
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and Little v. GilesSearch
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of Little v. GilesSearch
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Lambert v. PaineSearch
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of Smith v. BellSearch
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and Brant v. VirginiaSearch
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the Court. In Smith v. BellSearch
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See Howard v. CarusiSearch
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In Brant v. VirginiaSearch
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Giles v. LittleSearch
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Suydam v. WilliamsonSearch
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