Calvo v. De Gutierrez

Citations

• 208 U.S. 443
• 28 S. Ct. 382
• 52 L. Ed. 564
• 1908 U.S. LEXIS 1455

Syllabus

<p>An agreement made between the owners of a half interest in property in Manilla, who were ultimate heirs of the deceased owner of the other half interest, and the widow of such decedent, who was his usufructuary heiress, provided for the sale of the property at a specified price, and that after certain payments the “remainder” should be paid to the widow, on her giving the usual usufructuary security. Held, that the agreement concerned a settlement of the rights of the, parties to the property left by decedent and did not contemplate transferring any interest in the property from the other owners to thfe widow, and that the word “remainder” referred only to the remainder of the half interest of her testator and not to the balance remaining of the proceeds of the share of the other owners.</p>