Case Citator › Giles v. Little

Giles v. Little

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
104 U.S. 291
Decided
Confirmed treatments
1
Flagged citations read
7 of 7
Treatment dates
1894
Overruled
A reviewed court has overruled this case. Overruled. Roberts v. Lewis reconsidered the same Nebraska will and expressly overruled Giles's conclusion that the widow could convey only her life estate.
More on how this was screened

The Supreme Court held that she could convey the land in fee during her widowhood. All seven flagged citations have been read. The Constitution Annotated lists Roberts as the overruling decision.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

7 citations to Giles v. Little sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled

  • The Supreme Court expressly overruled Giles's construction of the will and held that the widow could convey the land in fee during her widowhood.

    Roberts v. Lewis · Supreme Court of the United States · filed

    And this court, on reconsideration of the ' whole matter, with the aid of the various judicial opinions upon the subject, and of the learned briefs of counsel, is of opinion that the sound construction of this will, as to the extent of the power conferred on the widow, is in accordance with the conclusion of the state court, and not with the former decision of this court, which must, therefore, be considered as overruled. ... For the reasons above stated, this court is of opinion that the will of Jacob Dawson did give his widow such an estate in lands in Nebraska of which he died seized, that she could during her widowhood convey to third persons an estate in fee simple therein; and that the Circuit Court of Appeals, in determining the nature of the estate vested in her by the will in such lands, should be governed, not by the former decision of this court in Giles v. Little, 104 U. S. 291, but by the decision of the Supreme Court of Nebraska in Little v. Giles, 25 Nebraska, 313.
    Read the full opinion on CourtListener →

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