Ayres v. Weed
Supreme Court of Connecticut
This was an action of ejectment for three parcels of land in New-Canaan. The cause was tried, on the general issue, at Fairfield, February term, 1843, before Williams, Ch. J. The plaintiffs claimed title to the premises, as heirs at law of Ezra Seymour, deceased. The defendants held under the Episcopal Society of New-Canaan, who claimed title as devisees of said Seymour.
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This was an action of ejectment for three parcels of land in New-Canaan. The cause was tried, on the general issue, at Fairfield, February term, 1843, before Williams, Ch. J. The plaintiffs claimed title to the premises, as heirs at law of Ezra Seymour, deceased. The defendants held under the Episcopal Society of New-Canaan, who claimed title as devisees of said Seymour. The defendants offered in evidence an authenticated copy of Seymour’s will, duly proved, and approved by the court of probate for the district of Norwalk. To this the plaintiffs objected, on the ground that the probate was…
1Opinion of the CourtStorrs, J.
The first question before us, is, whether the record of the probate of the will of Ezra Seymour, offered by the defendants, constituted legal evidence of a renunciation or refusal of the office of executor under said will, by the judge of probate before whom it was proved. It is not questioned, that the judge of probate, as well as any other person named as an executor, might refuse to execute that office; nor that, if there had been a renunciation of the trust by such judge, properly made, it would have been competent for him to allow the other executors named to prove the will and execute *296th…
2Cases cited1 opinion
- Powell v. BiddleSupreme Court of the United States · 1790
3Cited by15 opinions
- Reid v. BarrySupreme Court of Florida · 1927
- Kramph's EstateSupreme Court of Pennsylvania · 1910
- Dunham v. AverillSupreme Court of Connecticut · 1877
- Smith's Appeal From ProbateSupreme Court of Connecticut · 1892
- State ex rel. Abercrombie v. HoltcampSupreme Court of Missouri · 1916
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