Benjamin Robbins Curtis

Name: Carroll v. Lessee of Carroll — Opinion of the Court
Author: Benjamin Robbins Curtis

Carroll v. Lessee of Carroll — Opinion of the Court

Summary

“Carroll v. Lessee of Carroll — Opinion of the Court”, is a work by Benjamin Robbins Curtis. It explores elements such as testator, wills and the Circuit Court.

Quotes from Carroll v. Lessee of Carroll — Opinion of the Court (Benjamin Robbins Curtis)

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ So to interpret an act concerning wills as to cause those instruments to operate without regard to the intent of the testator, having one effect to-day and another to-morrow, would not only be arbitrary and a violation of the principles of natural justice, but in conflict with what must be presumed to have been the leading purpose of the legislature in passing the law, the better to gave effect to the intent of the testator. ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ Justice Washington said, 'the law creates no new or different rule of construction, but merely gave a power to the testator to devise lands which he might possess or be entitled to at the time of his death, if it should be his pleasure to do so.' Moreover the language of the act of Massachusetts was broad, and general enough to include in its terms all wills which should take effect after the law went into operation. ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ There is no allegation in the bill that a final account had been settled by her, and the bill shows that a large amount of debts remained unpaid, and that the creditors of the estate of her husband had commenced proceedings to secure their payment, which proceedings are still pending. In this claim of the bill we suppose but little confidence was, or is reposed by those who framed it; at all events, there is nothing in it. There is nothing in the facts of the case to justify the presumption that there had been a final settlement of the estate of Michael B. Carroll, and all his debts paid off ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ But an examination of those cases will show that the interpretation put by that court on that statute was attended with none of the difficulties which beset the construction of the statute of Maryland contended for by the counsel for the devisee. The law of Massachusetts did not enact a new rule of construction. It simply enabled testators to devise after-acquired lands by plainly and manifestly declaring an intention to do so. The law could only operate in furtherance of the intention of the testator, and could never defeat that intent by applying to wills an arbitrary rule of construction. ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ Chief Justice Marshall said, 'It is a maxim not to be disregarded that general expressions in every opinion are to be taken in connection with the case in which those expressions are used. If they go beyond the case they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented. ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ The proposition is, that the first section includes all wills whenever executed, and the second excepts only wills executed before the passage of the act by persons dying after the passage of the act, and before the first day of June, 1851. Can any reason be imagined why a will executed before the passage of the act should be within the first section if the testator died the day before the passage of the act, and out of it if he died the day after its passage? ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ To cause their real intentions and wishes to be so expressed, and their expression to be so preserved and manifested that they can be ascertained and carried into effect, are the chief purposes of legislation on this subject. ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ The negroes not being parties, no question could arise whether they were entitled to have the debts paid out of the land of the testator, and the court declares the question is not before them. As between Mrs. Carroll, the executrix of her husband's will or her representatives and the creditors of her husband, the right of the latter was complete to resort to the personal property, including the negroes, and it was therefore wholly immaterial who owned the land. ”

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Source: Wikisource

Benjamin Robbins Curtis, Carroll v. Lessee of Carroll — Opinion of the Court

“ His creditors would have the right to proceed against his entire estate for payment; first, however, against the personal as the primary fund. Their rights could not be affected by any thing he might request in his will; their claims would attach to his entire estate. ”

Benjamin Robbins Curtis

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