Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-06-14
IN COURT OF APPEALS
OPINIONS HANDED DOWN IN Lo-
CAL CAUSES.

In the appeal of Mathilda s. vogt, an in
FAINT, appellant, against Fred H. Vogt, ap-
pellee, the Court of Appeals has handed
Down an opinion reversing the decree of
the court below. which was in favor of
Fred H. yogt, and decided in favor of the
appellant. The case involved presents
technical question not heretofore decided in
the District.
John L. Vogt, who was the father of the
appellee and grandfather of the appellant.
died some years ago possessed of large and
valuable real estate in the District; the suit
involved property of the value Of about
eco belonging to the estate BY his will
he directed that the share which would be
otherwise payable to Fred II. vogt abso-
lutely should be held In trust The conten-
ton OF the appellee, which was sustained
by the court below, was that the appellee
took an absolute estate In this share and
by the decree of the lower court 1t was
vested in him absolutely. From this decree
the daughter appealed by her guardian In
reversing the decree below the Court of
Appeals holds that the estate, which was
character and quality than the estate linn
tied to his children; that the trust ceased
at the death of the father, and that con-
sequently the estate limited to the father
was OF different quality from that limited
to his heirs the one being equitable and
the other legal an dthat the technical rule,
which has been In force for many hundreds
OF years, known as the rule in Shelley's
case, was not applicable.
The court further holds that the word
heirs used in connection with a bequest
OF personal property should be construed as
children or next of KIM" furnishing an
additional reason why the rule In Shelley's
case does not apply. The case was re-
manded to the court below with instruc-
tons to reverse the decree in that court
Mr.. Leon Tobriner appeared as the at
torney for the appellant and Messrs Git
tings and Chamberlain appeared for the ap-
pellee.
Lower Court Reversed.
The Appellate Court has also reversed the
District Supreme Court in the case of Simon
p w. Drew, who was adjudged in contempt
for an alleged disobedience of an injunction
prohibiting him from entering the Metro
politan Baptist Church. colored Of which
he claimed to be the pastor. The ground
OF the reversal was technical, the Court of
Appeals holding that an undertaking should
have been required to protect the defend
ants from any injury resulting from the
issuance of the injunction. Attorneys Edwin
Forrest and Hugh T. Taggart represented
DR.. Drew at the hearing of the appeal.
The action of the Police Court was re-
versed in the case of Harry G. Wilson, a
contracting bricklayer, in holding that he
was building contractor within the
meaning of the statute imposing the tax.
The proceeding was understood to be a
test case, and was carried through in the
interest of a large class of subcontractors
The Court of Appeals holds that master
hricklayer Is not building contra ctor''
imposing the tax, and that the Police Court
erred in holding otherwise. The cause was
remanded. with directions to dismiss the
information and discharge Mr.. Wilson.