Duffield v. Pike
Supreme Court of Connecticut
Suit to determine the construction of the will of Ellen M. Pike of Middletown, deceased, brought to the Superior Court in Middlesex County and reserved by that court, Robinson, J., upon an agreed statement of facts, for the consideration and advice of this court. The will was made in 1889. It first gave $2,100 in pecuniary legacies and a few small specific legacies.
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Suit to determine the construction of the will of Ellen M. Pike of Middletown, deceased, brought to the Superior Court in Middlesex County and reserved by that court, Robinson, J., upon an agreed statement of facts, for the consideration and advice of this court. The will was made in 1889. It first gave $2,100 in pecuniary legacies and a few small specific legacies. It then confirmed agreements which the testatrix had formerly made, upon a valuable consideration, whereby, during her husband’s life, the income from 300 shares of stock in the Brainerd Quarry Co. was to he paid to him, and that…
1Opinion of the CourtBaldwin, J.
It is to be presumed that the testatrix intended every part of her will to take effect. Several years before its execution she had entered into an agreement with her husband, made upon a valuable consideration, by which she undertook to make her will in such a way that 1,000 shares of stock in the Brainerd Quarry Co. and all her other property should ultimately go to her nine children hi equal shares. The will which she in fact made is obviously inconsistent with the obligation which she thus assumed. This inconsistency, however, cannot affect its construction, whatever rights it might give…
2Cases cited5 opinions
- Fisher v. . BantaNew York Court of Appeals · 1876
- Lord v. LordSupreme Court of Connecticut · 1854
- Bartlett v. SlaterSupreme Court of Connecticut · 1885
- State v. NeunerSupreme Court of Connecticut · 1881
- Brainerd v. CowdreySupreme Court of Connecticut · 1843
3Cited by21 opinions
- Cook v. HirschbergCourt of Appeals for the Second Circuit · 1958
- In re Estate of SanfordSupreme Court of Iowa · 1919
- Bassett v. City Bank & Trust Co.Supreme Court of Connecticut · 1932
- Bates v. SpoonerSupreme Court of Connecticut · 1903
- Weed v. HogeSupreme Court of Connecticut · 1912
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