Waterfield v. Rice

Citations

• 111 F. 625
• 14 Ohio F. Dec. 282
• 1901 U.S. App. LEXIS 4410

Syllabus

<p>1. Jurisdiction of Federad Courts—Amount in Controversy.</p> <p>Where ihe amount claimed in a hill to enforce a lien exceeds §2,000, the jurisdiction of a federal court is not defeated by the fact that it appears on the face of the hill that an action to recover a portion of the claim is barred by limitation, under' a state statute.1</p> <p>2. Parties—Suit to Enforce Lien—Tenants in Common.</p> <p>A testator devised lands to two persons in undivided moieties for life, , with remainder to their children, subject to the payment by each of an annuity to the testator’s widow during her life, which annuity was made a charge upon the land, field that, in a suit by the widow against one of such devisees to enforce a lien for unpaid installments of the annuity due from him against an undivided half of the land, neither the other devisee nor her children were necessary parties.</p> <p>8. W inns—Construction—Devise of Lands Charged with Annuity.</p> <p>A. 1 estator devised lands for life, subject to the payment by the life tenant of an annuity to the widow of the testator “during each and every year of her natural life,” which annuity should “be and remain a charge and lien upon said lands, houses, and real estate in tills item mentioned.” By a subsequent clause in said item he devised the remainder in fee to tile children of the life tenant or their descendants living at the death of Ihe life tenant. Held, that it was the intention of the testator to secure the payment of the annuity during the life of his widow, and that it was a charge upon the estate of the remainder-men as well as upon the life estate.</p> <p>4 Same—Election by Widow—Presumption.</p> <p>Rev. St. Ohio, § 5964, requiring an election by a widow to take under the will of her husband, applies only to domestic wills, so far as it relates to the time and manner of mailing an election; and in a suit by a widow to enforce a iien for an annuity, given by the will of her husband, alleged to have been probated in