Stimson v. Rountree

Decided June 29, 1906

Indiana Supreme Court · decided 1906-06-29

Erom Montgomery Circuit Court; Jere West, Judge. Suit by Robert B. Stimson, as administrator of the estate of Lucy Stimson, deceased, against Charles Rountree, as executor of the will of Elorence B. Rountree, deceased, and another. Erom a decree for defendants, plaintiff appeals. Transferred' from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1906-06-29

How this case has been cited

Cited by 14 later decisions — most recently October 1967

14 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Petition for Rehearing.

¶23.

Per Curiam.

¶3Appellees’ counsel have supported their petition for a rehearing with an able, earnest and forceful argument, and we have again considered the questions involved. It was the declared intention of the testatrix to vest in Lucy Stimson an absolute title to the $3,000. This purpose is expressed in clear and apt words of well-known and fixed signification. Having intentionally clothed the object of her bounty with a complete and absolute title, the testatrix could not preserve that dominant purpose and at the same time subjoin incompatible provisions. We are accordingly still of opinion that this will falls within the classification to which it was assigned in the original opinion, and that the provisions of the will attempting to dispose of so much of the bequest as may remain upon the death of the legatee must be held void for repugnancy.

¶4The petition is overruled.