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Colton v. Colton
United States Supreme Court
127 U.S. 300 (1888)
- Written by Sean Carroll, JD
Facts
David Colton and Ellen Colton (defendant) were married. The day before David died, he executed a will leaving his estate to Ellen. The will also stated, “I recommend to [Ellen] the care and protection of my mother and sister, and request her to make such gift and provision for them as in her judgment will be best.” Martha Colton (plaintiff), David’s sister, and Abigail Colton (plaintiff), David’s mother, each filed a petition alleging that Ellen had not provided anything for them out of David’s estate. The trial court ruled in favor of Ellen, finding that the language regarding Martha and Abigail in the will was precatory. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Matthews, J.)
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