Clarke v. Clarke

178 U.S. 186 (1900)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and Julia Hurd married in New York in 1886, and immediately thereafter went to South Carolina, where they continuously resided. Mrs. Clarke died on February 10, 1894, owning real and personal property in South Carolina, and also real estate situated in Connecticut. Two daughters survived, one, Nancy B (D)., aged five years, the other, Julia, aged about two months. Mrs. Clarke's will bequeathed Connecticut real property in equal shares to her husband and her daughters, Julia and D. The infant daughter Julia died shortly after her mother. P was executor of the estate and trustee for D. The South Carolina court ruled that the real property in the estate, wherever situated, was equitably converted to personality and could be sold. This meant that Julia’s share would be divided equally between P and D. P applied for instructions in Connecticut regarding the real property there. In the petition it was recited that Julia had died intestate, leaving real estate in the district and that divers persons claimed to be entitled to have the said real estate set apart and distributed to them, and the court was asked to hear the claims of said parties and ascertain to whom the estate should be apportioned. Connecticut ruled that there was no equitable conversion and Julia’s share was to be awarded to D. The decision was affirmed. The Supreme Court granted certiorari.