Mathewson v. Wakelee
Supreme Court of Connecticut
Action to establish a claim against the estate of a deceased person and to secure its payment out of distributed assets, brought to and tried by the Superior Court in New Haven County (Curtis, J.) upon a demurrer to the complaint; demurrer sustained, judgment rendered for the defendants, and appeal by the plaintiff.
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Action to establish a claim against the estate of a deceased person and to secure its payment out of distributed assets, brought to and tried by the Superior Court in New Haven County (Curtis, J.) upon a demurrer to the complaint; demurrer sustained, judgment rendered for the defendants, and appeal by the plaintiff. The complaint alleges, in substance, that in 1871 one Wakelee was, by the Superior Court in New Haven county, appointed overseer of the tribe of Turkey Hill Indians; that afterward, in May of that year, he, under authority of said court, sold certain lands belonging to said tribe;…
1Opinion of the CourtPrentice, J.
It is claimed in support of this complaint that it seeks a recovery upon two grounds, to wit: first, that the estate of Wakelee is under a legal obligation to pay to the plaintiff a certain sum, and that the defendants, having received portions of the assets of that estate in its settlement, are in equity subject to the duty of refunding to the plaintiff so much thereof as may be necessary to satisfy his claim; and second, that the defendants have, through the medium of the settlement and distribution of said estate, come into the possession of property which equity will regard as impressed…
2Cases cited12 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Skiff v. StoddardSupreme Court of Connecticut · 1893
- Harris v. City of PhiladelphiaSupreme Court of Pennsylvania · 1893
- Davis v. WeedSupreme Court of Connecticut · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Central Hanover B. & T. Co. v. Commissioner of Int. Rev.Court of Appeals for the Second Circuit · 1947
- Veits v. City of HartfordSupreme Court of Connecticut · 1948
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- McDonald v. Hartford Trust Co.Supreme Court of Connecticut · 1926
- In Re Carrozzella & RichardsonBankruptcy Appellate Panel of the Second Circuit · 2000
11 more not listed; retrieve them via the Exa API.