Kellogg v. Mix
Supreme Court of Connecticut
Petition in equity by trustees under the will of John G. Mix, for advice as to the proper construction of the will; brought to the Superior Court in Hartford County. The provisions of the will important to the case were as follows: “ First.
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Petition in equity by trustees under the will of John G. Mix, for advice as to the proper construction of the will; brought to the Superior Court in Hartford County. The provisions of the will important to the case were as follows: “ First. I give and devise all my real and personal estate, whereof I am duly seized and possessed at my decease, except what may hereinafter be given or devised direct, to Elijah O. Kellogg, my son Joseph H. Cone, and Otis Warner, my trustees, all of the city of Hartford, in trust, to them and their successors, who are to be appointed by the court of probate, for…
1Opinion of the CourtPark, J.
It is manifest that lhe testator intended to give some portion of the income of his estate to his wife. He says in the fourth paragraph of his will: “ I give and bequeath to my beloved wife, Clarissa Champion I'sham Mix, in trust for the maintenance of herself during her life, and the maintenance of my daughter Eliza E. Mix, so long as she remains single.” The words “ in trust,” so far as they apply to the maintenance of the wife, are inoperative, and may be stricken out, and the passage would then read substantially as follows: “ I give to my wife, for the maintenance of herself during her…
2Cases cited2 opinions
- Chappel v. AverySupreme Court of Connecticut · 1825
- Holmes v. WilliamsSupreme Court of Connecticut · 1791
3Cited by5 opinions
- Glover v. CondellIllinois Supreme Court · 1896
- Graham v. GrahamWest Virginia Supreme Court · 1883
- Wolfe v. HathewaySupreme Court of Connecticut · 1908
- Bacon v. NicholsSupreme Court of Colorado · 1909
- Nichols v. BoswellSupreme Court of Missouri · 1890