Clarke v. Clarke
United States Supreme Court
178 U.S. 186 (1900)
Upon her death, Mrs. Clarke bequeathed Connecticut real property in equal shares to her husband and her daughters, Julia and Nancy (defendant). All were residents of South Carolina. Julia died a short while after Mrs. Clarke. Acting as executor for Mrs. Clarke’s estate and as trustee for Nancy, Mr. Clarke (plaintiff) sought a construction of Mrs. Clarke’s will in a South Carolina court. A guardian ad litem was appointed to represent Nancy. The court ruled that Mrs. Clarke’s real property, wherever located, was equitably converted into personalty and could be sold. Mr. Clarke then applied to a Connecticut court for instructions in disposing of Julia’s share of the Connecticut property. Pursuant to Connecticut law, the Connecticut court held that there was no equitable conversion of the Connecticut real estate and that Julia’s entire share should be awarded to Nancy. Under South Carolina law, on the other hand, Julia’s share would have been divided equally between Nancy and Mr. Clarke. Mr. Clarke petitioned the United States Supreme Court for certiorari.
Rule of Law
Holding and Reasoning (White, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.