Alling v. Chatfield
Supreme Court of Connecticut
Petition, by the executor of the will of Eugene A. Chat-field, for advice as to the construction of the will with respect to the widow’s right of dower; brought to the Superior Court in New-Haven County. The allegations of the petition were found true and the case reserved for advice. The case is fully stated in the opinion.
1Opinion of the CourtPardee, J.
A widow is not put to her election between dower and a testamentary disposition in her favor unless it clearly appears from the will that the provision made for her was intended as a substitute for that to which she is entitled by law; but this intention is not necessarily declared in express words; it may be demonstrated by clear and manifest implication; and this implication must arise from some provision in the will inconsistent with the assertion of the claim to dower. Lord v. Lord, 23 Conn., 327; Savage v. Burnham, 17 N. York, 577; Dodge v. Dodge, 31 Barb., 413.
The testator executed the…
2Cases cited2 opinions
- Lord v. LordSupreme Court of Connecticut · 1854
- Dodge v. DodgeNew York Supreme Court · 1860
3Cited by3 opinions
- In re Hatch's EstateSupreme Court of Vermont · 1890
- Stilson v. StilsonSupreme Court of Connecticut · 1878
- Estate of LambCalifornia Superior Court · 1910