McCaffrey v. Manogue

The question involved in this case is the construction of the will of Hugh McCaffrey, deceased. It was duly admitted to probate, and recorded in the supreme court of the District. It is as follows:

Washington, District of Columbia,

April Thirtieth, 1896.

In the name of God, being now in good health and sound in     mind and body I hereby certify and declare this to be my last      will and testament, hereby annulling and revoking any and all      wills previously made.

I give and bequeath to my daughter Mary A. Quigley house     number 301 at southwest corner of 11th and C streets      southeast, being in lot number 5 in square 970, with the      store and dwelling, stock and fixtures, and lot on which it      stands, also houses numbers 13 and 15 6th street southeast      with lots on which they stand, being parts of lots 19 and 20      in square 841, also any money in bank to my account at the      time of my death, also any money due to me, also any building      association stock. She is to pay funeral expencies and any     other legal debts I may own, also to care for my lot in Mount      Olivet cemetery.

I give and bequeath to my son, James B. McCaffrey, house     number six hundred and two (602) East Capitol strcet and lot      on which it stands, being in lot number ten (10) in square      number eight hundred and sixty-eight (868).

To my son, William H. McCaffrey, I give and bequeath house     604 East Capitol street, being in lot number ten (10), in      square number eight hundred and sixty-eight (868) and lot on      which it stands.

To my daughter, Lizzie Manogue, I give and bequeath house     number fourteen hundred and twenty-three (1423) Corcoran      street, N. W., and lot on which it stands, being lot number      fifty-four (54) in square number two hundred and eight (208).

2. To my son, Francis T. McCaffrey, I give and bequeath house     five hundred and ninteen (519) East Capitol street, and lot on which it stands, being part of lot number (20) in      square eight hundred and forty-one (841), also my horse and      buggy.

And to my grandson, Frank Foley, I give and bequeath house     number one hundred and twenty-one (121) Eleventh street, S.      E., being in lot number fourteen (14), square number nine      hundred and sixty-eight (968), and lot on which it stands.

To my grandson Joseph Quigley, I give and bequeath my watch     and chain.

I hereby name and appoint as executors of this my last will     and testament, John E. Herrell and Patrick Maloney.

All the real estate herein described is located in the city     of Washington, District of Columbia.

Hugh McCaffrey. [Seal.]

The devisees in the will were the only heirs of the testator.

On the 10th of July, 1897, Mary A. Quigley died, leaving surviving four children, the appellants Catherine L., Margaret, Mary, and Joseph Quigley. Edward Quigley, her husband, also an appellant, survived her. She left a will, which was duly admitted to record, by which she devised all her estate to Catherine L. and Edward Quigley, in trust for her children. Francis T. McCaffrey, son of Hugh, and one of the devisees in the latter's will, died October 20, 1898, leaving as heirs at law his brothers and sisters, the children of his deceased sister, Mary A. Quigley, and his nephew, Frank Foley. He left a will, by which he devised and bequeathed all of the property to his sister, Lizzie C. Manogue, and his brothers William A. and James B. McCaffrey, 'absolutely and in fee simple, according to the nature of the property, as tenants in common, but not as joint tenants.' At the time of his death he was seized and possessed of the real estate devised to him by his father.

James B. McCaffrey has sold and conveyed the lot devised to him to the respondent George W. Manogue. Upon an attempt to sell the property devised by Francis T. McCaffrey, a doubt was raised as to the extent of the interest devised to him and the other devisees by the will of H. McCaffrey,-whether an estate for life or in fee simple. This suit was brought 'to have it determined what estate each of the said devisees took thereby, and to have their title quieted as against any person or persons who may claim adversely to the same as heirs of said Hugh McCaffrey, or under such heirs.'

It was decreed by the trial court that only life estates were devised by the will, and the decree was affirmed by the court of appeals. 22 App. D. C. 385.

Arthur A. Birney, O. B. Hallam, and Henry F. Woodard for appellants.

[Argument of Counsel from pages 566-567 intentionally omitted]

Messrs.Edwin Forrest and A. A. Hoehling, Jr., for appellees.

[Argument of Counsel from Pages 567-568 intentionally omitted]

Mr. Justice McKenna, after stating the case, delivered the opinion of the court: