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eBook details

• Title: Edmund P. Gaines and Mira Clarke, Late Whitney, Complainants v. Richard Relf
• Author : United States Supreme Court
• Release Date : January 01, 1841
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

CERTIFICATE of Division from the Circuit Court for the Eastern District of Louisiana. A bill of complaint was originally filed in the district court of the United States for the eastern district of Louisiana; and was afterwards transferred to the circuit court for the same district. Subpoenas were issued, on the 1st of August 1836, with a copy of the bill, to each and all the defendants, about fifty in number. Service of this process was made by the marshal, on twenty-seven of the defendants, and amongst them, on Richard Relf. W. W. Whitney, one of the plaintiffs, having died, the proceeding was continued in the name of Mira Clarke Whitney, his widow. The bill claimed the estate left by Daniel Clarke, at the time of his death; alleging that Mira Clarke Whitney was his only child and heir-at-law, and his devisee. The bill charged Beverly Chew and Richard Relf with having fraudulently concealed and suppressed Daniel Clarke's true and last will, in which the complainant, his daughter and heir-at-law, was his only devisee, and was his general legatee; with having set up another will, in which they were named executors, and with having taken and appropriated all the estate, real and personal, of Daniel Clarke. The other defendants were charged with confederating with the executors; and with having obtained, and still holding, large portions of the estate, through the executors, or under them. The bill contained an inventory of the estate of Daniel Clarke, so far as could be made out. For these frauds and breaches of trust, the bill claimed restitution, &c.

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