The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 11
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CITY NAT. BANK V. SLOCUM I1
on such a matter ought not to be lightly disregarded; it is too likely
to be right.
Holding these views, I am of opinion that several of the mechanical
and process claims are not void for lack of invention and have been
CITY NAT. BANK v. SLOCUM. DELAWARE NAT. BANK v. SAME.
HALLIDAY et al. v. SAME.
(Circuit Court of Appeals, Sixth Circuit. April 15, 1921.)
1. Courts 0=260-In suit involving will federal court can construe, but can-
not determine contents.
In a suit by a trustee in bankruptcy to set aside an alleged preferential
mortgage and remove clouds from the bankrupts' title created by a will
containing interlineations and erasures, the TUnited States District Court
has no probate jurisdiction and may construe the will, but cannot deter-
mine its contents.
2. Wills @'417-Decree admitting to probate construed when asserted in
A decree admitting a will to probate, like every other decree which
forms the basis of rights asserted in another court, must be examined and
construed to determine its force and effect if there is room for con-
3. Wills 432-When order admitting to probate is ambiguous, natural and
rightful construction will be adopted.
Where interlineations and erasures in a will were reproduced on the
record of the court admitting the will to probate with nothing to indicate
whether or not the probate court regarded them as effective, another
court, in which the construction of the will is involved, will consider what
the probate court ought to have done, and, if one construction of its order
makes it natural and rightful, and the other makes it erroneous, will fol-
low the former construction.
4. Wills X=107-Interlineations and erasures made before execution are part
Interlineations and erasures in a will presented for probate form part
of the will when obviously made before the will was executed, and the
will as so changed and altered is the one which should be received.
5. Wills e=107-Interlineations and erasures made after execution of no ef-
fect unless showing cancellation.
Interlineations and erasures made after the execution of a will are of
no effect whatever unless they sufficiently support an inference of can-
6. Wills <8=289-No presumption as to time of interlineations and erasures,
but burden on proponent.
There is no presumption of law that interlineations and erasures in
a will were made before or after execution, and the inference to be
drawn is always one of fact, with the burden of proof on the proponent
to show that any alteration which he wishes to be considered effective
was made before execution.
7. Wills 0==289-Noting of changes in attestation clause supports inference
that they are part of will.
When changes in a will are noted in the attestation clause, this sup-
ports the resulting inference of fact that they are part of the will, but
:For other cases see same topic & KEY-NUMBER In all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/33/: accessed May 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.