Lord v. Moore
Supreme Court of Connecticut
This was a case agreed upon by the parties, and submitted to the superior court, under the statute of 1848. George Moore, of Lyme, in this state, having made his will, bearing date, February 25th, 1846, died, on the 18th of November, 1848, leaving his wife, Emily Matilda Moore, and four children, one of whom was then of adult age, and the other three, minors.
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This was a case agreed upon by the parties, and submitted to the superior court, under the statute of 1848. George Moore, of Lyme, in this state, having made his will, bearing date, February 25th, 1846, died, on the 18th of November, 1848, leaving his wife, Emily Matilda Moore, and four children, one of whom was then of adult age, and the other three, minors. He left also real and personal estate, inventoried at 38,592 dollars ; the debts against his estate amounting to about 12,000 dollars. The testator, by his will, gave to his wife, the use and improvement of all his real estate in Lyme,…
1Opinion of the CourtHinman, J.
The only question now remaining for our decision, in this case, is, whether the will of Mr. Moore gives to his widow one-half of the income of certain trust property; or, whether she takes only a share in it, equal to a share of one of her children. [The judge giving the opinion of the court here stated the clause of the will under which the question was raised.]
We are of opinion, that these words give to the wife only an equal share with one of the children. The words, “ wife and children” are used merely as descriptive of the persons who are to take shares in this income; and we see nothing…
2Cited by13 opinions
- Lyon v. AckerSupreme Court of Connecticut · 1866
- Maclean v. WilliamsSupreme Court of Georgia · 1902
- Harris v. WeedSupreme Court of Connecticut · 1915
- Kling v. SchnellbeckerSupreme Court of Iowa · 1899
- Raymond v. HillhouseSupreme Court of Connecticut · 1878
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