Legal Opinion

Avery v. Chappel

Supreme Court of Connecticut

Decided July 15, 1826PublishedCited by 22 opinions

This was a bill in chancery, stating the following case. On the 10th of February, 1820, Gilbert Chappel made and published his will, containing the following clauses. “I do hereby give and allow unto my beloved wife, Rebecca, the use and improvement of one third part of my home farm, during her widowhood; also, the use of one third part of the buildings standing thereon.”

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This was a bill in chancery, stating the following case. On the 10th of February, 1820, Gilbert Chappel made and published his will, containing the following clauses. “I do hereby give and allow unto my beloved wife, Rebecca, the use and improvement of one third part of my home farm, during her widowhood; also, the use of one third part of the buildings standing thereon.” “I do also give to my beloved wife the use and improvement of all my estate, both real and personal, until my children become of lawful age, to be improved according to the rules of good husbandry, excepting the interest,…

1Opinion of the CourtDaggett, J.

The object of the bill is to obtain relief against a judgment of the superior court, renderedin favour of C. W. Chappel, one of the defendants, by which he recovered the possession of the real estate of his father Gilbert Chappel, lately deceased, under his will, duly proved and approved, by the court of probate. (See 6 Conn. Rep. 31.)

The plaintiffs (Rebecca Chappel having, since thedecease of Gilbert Chappel, intermarried with Jabez Avery,) proceed oa the ground, that the testator intended to give, by his will, the land in question, to his wife Rebecca, till Charles, his son, should arrive…

2Cases cited3 opinions

  1. Mann v. MannNew York Court of Chancery · 1814
  2. Peters v. GoodrichSupreme Court of Connecticut · 1819
  3. Chappel v. AverySupreme Court of Connecticut · 1825

3Cited by22 opinions

  1. Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
  2. Woodruff v. MarshSupreme Court of Connecticut · 1893
  3. Pegram v. StortzWest Virginia Supreme Court · 1888
  4. Couch v. EasthamWest Virginia Supreme Court · 1887
  5. In re Estate of GarraudCalifornia Supreme Court · 1868

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