Welles v. Cowles
Supreme Court of Connecticut
This was an action of assumpsit, to recover of the defendant certain sums of money, which he had received as executor of Sarah and Julia Norton, deceased. The cause was tried at Hartford, September term, 1821, before Hosmer, Ch. J. Sarah Norton died, on the 16th of January, 1815, seised of an estate of inheritance in a shop in Farmington.
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This was an action of assumpsit, to recover of the defendant certain sums of money, which he had received as executor of Sarah and Julia Norton, deceased. The cause was tried at Hartford, September term, 1821, before Hosmer, Ch. J. Sarah Norton died, on the 16th of January, 1815, seised of an estate of inheritance in a shop in Farmington. Julia Norton died on the 19th of February, 1816, seised of an estate in fee-simple of 50 shares of stock in the Greenwoods turnpike company, then real estate; of a piece of land called Poplar Swamp; and of a tract, called the Woodruff farm. Fanny Wells, one…
1Opinion of the Court
Hosmer, Ch. J.
Julia Norton was the proprietor of a share of turnpike stock, a dividend on which was declared, by the directors of the turnpike company, a few days after her death, to a period which was nine days before that event. The plaintiff, Welles, through his wife, who is heir to the deceased, claims the above product of the turnpike stock; and the defendant interposes his demand, on the ground of his being her executor. The former considers the profits of the stock, to have been real estate; while the latter insists, it is personal. That the shares of a turnpike company, before the act…
2Cases cited2 opinions
- Inhabitants of Granby v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1810
- Welles v. CowlesSupreme Court of Connecticut · 1818
3Cited by8 opinions
- Williams v. CleavelandSupreme Court of Connecticut · 1904
- LaFontaine's Heirs v. LaFontaine's HeirsCourt of Appeals of Maryland · 1954
- Lester v. StateSupreme Court of Connecticut · 1836
- Olmsted v. OlmstedSupreme Court of Connecticut · 1871
- Fenwick Hall Co. v. Town of Old SaybrookSupreme Court of Connecticut · 1897
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