Moredock v. Moredock

Citations

• 179 F. 163
• 1910 U.S. App. LEXIS 5406

Syllabus

<p>1. Equity (§ 163*) — Plea—Grounds—Prior Adjudication.</p> <p>A plea setting up a prior adjudication of the same matters between the same parties is a good plea in equity.</p> <p>[Ed. Note. — For other cases, see Equity, Dec. Dig. § 163.*]</p> <p>2. AVills (§ 501*) — Construction—“Family.”</p> <p>The will of a testator made a bequest to a son for certain specific purposes, and' provided that the balance, if any, and the son’s share of the residuary estate, should be held in trust for the benefit of the son and “his family.” Held that, unaided by the context, the words “his family” should be construed as “his children.”</p> <p>[Ed. Note. — For other cases, see AVills, Cent. Dig. § 1069; Dec. Dig. § 501.*</p> <p>For other definitions, see AVords and Phrases, vol. 3, pp. 2673-2691; vól. 8, p. 7661.]</p> <p>3. Judgment (§ 690*) — Persons Concluded.</p> <p>A will made a bequest in trust for the benefit of a son of the testator and “his family.” Some years later the son filed a petition in a court of competent jurisdiction, and obtained a rule on the trustee for an accounting. After a hearing on the answer of the trustee stating his account of the fund, the rule was discharged. Held, that the adjudication was binding on the son, but not upon his children, who constituted “his family,” and who were not in privity with him, since they did not claim through or under him by any mutual or successive relationship to the same rights but independently of him, and that it was not a bar to a subsequent suit by them against the trustee.</p> <p>[ Ed. Note. — For other cases, see Judgment, Cent. Dig. § 1213; Dec. Dig. § 690.*]</p>