Bryan v. Bigelow
Supreme Court of Connecticut
Suit to construe the will of Philo S. Bennett of New Haven, deceased, brought to the Superior Court in New Haven County, where a demurrer to the substituted answer of the defendant William J. Bryan was sustained (Thayer, J.') and his motion for leave to file a cross-complaint was denied (Gteorge W. Wheeler, J.); the case was then tried to the court (.Robinson, J.) and judgment rendered that the clause of the will containing a bequest of $50,000 in trust was inoperative, and…
Read the full summary
Suit to construe the will of Philo S. Bennett of New Haven, deceased, brought to the Superior Court in New Haven County, where a demurrer to the substituted answer of the defendant William J. Bryan was sustained (Thayer, J.') and his motion for leave to file a cross-complaint was denied (Gteorge W. Wheeler, J.); the case was then tried to the court (.Robinson, J.) and judgment rendered that the clause of the will containing a bequest of $50,000 in trust was inoperative, and that said sum became a part of the residuary estate, from which judgment the defendant Bryan appealed. The plaintiff is…
1Opinion of the CourtHall, J.
This is an action brought by William J. Bryan, as executor of the will of Philo S. Bennett, to determine the construction to be placed upon a certain clause of Mr. Bennett’s will, upon the ground that there is such a question as to its proper construction that the executor cannot safely discharge the duties of his office without the advice and protection of a court of chancery.
The questions presented by this appeal are stated in the following inquiry propounded by the executor in paragraph 9 of the complaint: “ Are the bequests and trusts mentioned in section 12 of said will valid, and is…
2Cases cited13 opinions
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Woodruff v. MarshSupreme Court of Connecticut · 1893
- Fairfield v. LawsonSupreme Court of Connecticut · 1883
- Phelps v. RobbinsSupreme Court of Connecticut · 1873
- Weed v. ScofieldSupreme Court of Connecticut · 1901
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hatheway v. SmithSupreme Court of Connecticut · 1907
- Connecticut Junior Republic v. Sharon HospitalSupreme Court of Connecticut · 1982
- Axtell v. CoonsSupreme Court of Florida · 1921
- Mahoney v. MahoneySupreme Court of Connecticut · 1923
- Peyton v. WehrhaneSupreme Court of Connecticut · 1939
23 more not listed; retrieve them via the Exa API.