Fairman's Appeal from Probate
Supreme Court of Connecticut
Appeal from the decree of a probate court allowing the administration account of Carlos B. Booth, as executor of the will of Oliver Peck. The appellant was a legatee and one of the heirs at law, and in the latter capacity was interested in the residue of the estate, which by the failure of a bequest of it fell to the heirs at law.
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Appeal from the decree of a probate court allowing the administration account of Carlos B. Booth, as executor of the will of Oliver Peck. The appellant was a legatee and one of the heirs at law, and in the latter capacity was interested in the residue of the estate, which by the failure of a bequest of it fell to the heirs at law. The will, after giving to the widow of the testator a life use of all his real estate, proceeded as follows:—“ I give and devise to Carlos B. Booth all my real estate situated in said Newtown, except the tract of woodland on Botsford’s Hill, conveyed to me by…
1Opinion of the CourtButleb, J.
It was determined by this court in Swan v. Wheeler, 4 Day, 137, that an administration account consisting of a sum in gross, without items or explanation, should not be allowed. The reasons for requiring that all distinct items should clearly appear by themselves, so that they could be intelligibly examined by the parties in interest, are there fully stated. That decision has been uniformly recognized and followed upon the circuit, and generally conformed to by the courts of probate. The propriety of the rule is well illustrated by this case. This executor, in the item of “ expenses of…
2Cases cited1 opinion
- Swan v. WheelerSupreme Court of Connecticut · 1810
3Cited by26 opinions
- Main's Appeal From ProbateSupreme Court of Connecticut · 1901
- Mulcahy v. JohnsonSupreme Court of Colorado · 1927
- Richardson v. McCloskeyTexas Supreme Court · 1925
- Pease v. ChristmanIndiana Supreme Court · 1902
- Crapo v. ArmstrongSupreme Court of Iowa · 1883
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