Colt v. Colt
Supreme Court of Connecticut
Bill in equity, being the same case reported in 32 Conn. R., 422. The demurrer to the petition having being overruled in accordance with the advice of this court there given, the respondents filed a general denial of the allegations of the petition, upon which the superior court found the following facts.
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Bill in equity, being the same case reported in 32 Conn. R., 422. The demurrer to the petition having being overruled in accordance with the advice of this court there given, the respondents filed a general denial of the allegations of the petition, upon which the superior court found the following facts. The parts of the will of Samuel Colt relating to the petitioner and the several respondents, and upon which the questions in the case arise, are as follows; the original will being dated June 6th, 1856 :— “ I give, bequeath and devise to my wife, Elizabeth Hart Colt, a gross legacy of thirty…
1Opinion of the CourtButler, J.
To the first question reserved for our advice we answer that James B. Colt takes a life estate only. Such *279was the clear intention of the testator when the residuary-clause was written. He gave the residue of that stock to the persons and parties to whom he had therein before given such stock, and in ratable proportions. A ratable proportion was thereby given to the persons and parties to whom the five hundred shares were given, viz., James B. Colt and his children, to be enjoyed by a life estate in one and a remainder in the others. If there had been no revocation it would have been too plain…
2Cited by8 opinions
- Worcester Trust Co. v. TurnerMassachusetts Supreme Judicial Court · 1911
- In Re Estate of BergmanSupreme Court of Minnesota · 1930
- Shey's Appeal From ProbateSupreme Court of Connecticut · 1900
- Colt v. ColtU.S. Circuit Court for the District of Connecticut · 1881
- Kennedy v. MocklerNew Jersey Superior Court Appellate Division · 1955
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