Legal Opinion

Emery v. Cooley

Supreme Court of Connecticut

Decided June 14, 1910PublishedCited by 15 opinions

Appeal by the plaintiffs from an order and decree of the Court of Probate for the district of New Haven, requiring one half of the estate of Elizabeth S. Bradley of New Haven, deceased, to be turned over to John Thompson, an alien, or to his legal representative, taken to and tried by the Superior Court in New Haven County, Burpee, J.; facts found and judgment rendered confirming the decree of the Court of Probate, from which the plaintiffs appealed.

Read the full summary

Appeal by the plaintiffs from an order and decree of the Court of Probate for the district of New Haven, requiring one half of the estate of Elizabeth S. Bradley of New Haven, deceased, to be turned over to John Thompson, an alien, or to his legal representative, taken to and tried by the Superior Court in New Haven County, Burpee, J.; facts found and judgment rendered confirming the decree of the Court of Probate, from which the plaintiffs appealed. Elizabeth S. Bradley of New Haven died December 17th, 1895, leaving as her next of kin two half-sisters, residents of New Haven, and a…

1Opinion of the CourtPrentice, J.

The court beiow, applying the doctrine of equitable conversion, held that Thompson could take that share of the residue of Mrs. Bradley’s estate which her will purported to give him, notwithstanding that all of her estate not used in the payment of debts and charges was real estate. At the time of her death he, as an alien, resident of England, was incapable of taking any interest in real estate in this State. * Angus v. Noble, 73 Conn. 56, 66, 46 Atl. 278; State v. Thresher, 77 Conn. 70, 80, 58 Atl. 460. His inability to take what the will undertook to give him was therefore dependent upon…

2Cases cited11 opinions

  1. Effinger v. HallSupreme Court of Virginia · 1885
  2. Clarke's Appeal from ProbateSupreme Court of Connecticut · 1898
  3. Angus v. NobleSupreme Court of Connecticut · 1900
  4. Bates v. SpoonerSupreme Court of Connecticut · 1903
  5. Hartford & New Haven Railroad v. AndrewsSupreme Court of Connecticut · 1869

6 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Pigeon v. HathewaySupreme Court of Connecticut · 1968
  2. Anderson v. YaworskiSupreme Court of Connecticut · 1935
  3. Bowne v. IdeSupreme Court of Connecticut · 1929
  4. Weed v. HogeSupreme Court of Connecticut · 1912
  5. Pond v. PorterSupreme Court of Connecticut · 1954

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API