Legal Opinion

Eccles v. Rhode Island Hospital Trust Co.

Supreme Court of Connecticut

Decided June 27, 1916PublishedCited by 16 opinions

Appeal from an order and decree of the Court of Probate for the district of Norwich appointing a trustee to receive and hold bequests made by John Eccles of Norwich, deceased, to the Rock Nook Home for Children, taken by the plaintiff—the decedent’s brother and sole heir at law—to the Superior Court in New London County, Shumway, J., and reserved by it, upon an agreed statement of facts, for the advice of this court.

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Appeal from an order and decree of the Court of Probate for the district of Norwich appointing a trustee to receive and hold bequests made by John Eccles of Norwich, deceased, to the Rock Nook Home for Children, taken by the plaintiff—the decedent’s brother and sole heir at law—to the Superior Court in New London County, Shumway, J., and reserved by it, upon an agreed statement of facts, for the advice of this court. John Eccles, late of Norwich, died testate, leaving a considerable estate. By the thirteenth clause of his will he made the following bequests, among others:— “ (e) To the Rock…

1Opinion of the CourtBeach, J.

It is apparent from the terms of the will, interpreted in the light of the agreed statement of surrounding facts, that the testator intended these bequests for the institution known to him as the Rock Nook Home for Children, located in Norwich, in whose work he was greatly interested. This is not seriously disputed.

It is pointed out, however, by the appellant, that since this action is an appeal from a decree of probate appointing a trustee, the only questions properly before us are whether, by the terms- of these bequests, a trust is created, and if so, whether the Court of Probate had…

2Cases cited6 opinions

  1. Eliot's Appeal From ProbateSupreme Court of Connecticut · 1902
  2. American Bible Society v. WetmoreSupreme Court of Connecticut · 1845
  3. Dexter v. EvansSupreme Court of Connecticut · 1893
  4. Pierce, Exr. v. PhelpsSupreme Court of Connecticut · 1902
  5. New Haven Young Men's Institute v. City of New HavenSupreme Court of Connecticut · 1891

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

3Cited by16 opinions

  1. Town of Winchester v. CoxSupreme Court of Connecticut · 1942
  2. Mitchell v. ReevesSupreme Court of Connecticut · 1938
  3. Lightfoot v. PoindexterCourt of Appeals of Texas · 1917
  4. Ministers & Missionaries Benefit Board v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1953
  5. Brinsmade v. BeachSupreme Court of Connecticut · 1922

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

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