Loomis Institute v. Healy
Supreme Court of Connecticut
Suit to determine the rights and obligations of the plaintiff in its use of funds received by it from the estate of John Mason Loomis, brought to and reserved by the Superior Court in Hartford County, Hinman, J., upon an agreed finding of facts, for the advice of this court. Superior Court advised that plaintiff takes the legacy absolutely and without restriction.
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Suit to determine the rights and obligations of the plaintiff in its use of funds received by it from the estate of John Mason Loomis, brought to and reserved by the Superior Court in Hartford County, Hinman, J., upon an agreed finding of facts, for the advice of this court. Superior Court advised that plaintiff takes the legacy absolutely and without restriction. The Loomis Institute, the plaintiff, was incorporated in 1874 by the General Assembly, and its charter was amended in 1893, 1905 and 1915. The general purposes of the Institute are set forth in said charter as ■follows: “Sec. 2.…
1Opinion of the CourtKeeler, J.
The brief of the defendant very correctly states that only two questions of importance are presented for the determination of the court, that is, whether the testamentary provision of the will of John Mason Loomis quoted in the statement of facts is mandatory, and does it apply to all of the funds of the Institute; which may be summed up in the one question, what is the intent and meaning of this provision? The intent of any testator governs as respects such questions as are involved in the present controversy, as in all cases where the language used does not contain terms of art which have…
2Cases cited11 opinions
- Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
- Lines v. DardenSupreme Court of Florida · 1853
- Lyon v. AckerSupreme Court of Connecticut · 1866
- McRee's Adm'rs v. MeansSupreme Court of Alabama · 1859
- Ross v. RossIndiana Supreme Court · 1893
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3Cited by20 opinions
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