Carpenter v. Perkins
Supreme Court of Connecticut
Action by the trustee under the will of Smith Wilkinson of Pomfret, deceased, for a judicial construction of it, brought to the Superior Court in Windham County and reserved (Robinson, J.), on answers admitting the'truth of the complaint, for the advice of this court. The testator left both real and personal estate. His will was executed in 1851, and there was a codicil executed in 1852, in which year he died.
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Action by the trustee under the will of Smith Wilkinson of Pomfret, deceased, for a judicial construction of it, brought to the Superior Court in Windham County and reserved (Robinson, J.), on answers admitting the'truth of the complaint, for the advice of this court. The testator left both real and personal estate. His will was executed in 1851, and there was a codicil executed in 1852, in which year he died. The will, after providing for certain charges and expenditures, contained this provision: “I give, devise and bequeath two-fifths of all my estate subject to the provisions aforesaid to…
1Opinion of the CourtBaldwin, C. J.
By the provisions in the will for a transfer by the trustee, on the death of either daughter, to her children “ to be to said children respectively, and to their heirs, administrators and assigns forever,” a transfer of an absolute estate in the personalty and a fee simple in the realty was intended. The words “ heirs, administrators and assigns” must be taken as words of limitation. To read them as words of purchase is inadmissible, since it would make the remainder in their favor, void, under the statute of perpetuities existing at the date of the will and of the testator’s decease. St.…
2Cases cited10 opinions
- St. John v. DannSupreme Court of Connecticut · 1895
- Johnson v. EdmondSupreme Court of Connecticut · 1895
- Ruggles v. RandallSupreme Court of Connecticut · 1897
- Boardman v. MansfieldSupreme Court of Connecticut · 1907
- Perry v. BulkleySupreme Court of Connecticut · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Allen v. AlmySupreme Court of Connecticut · 1913
- Berry v. Hartford National Bank & Trust Co.Supreme Court of Connecticut · 1939
- Hills v. Travelers Bank & Trust Co.Supreme Court of Connecticut · 1939
- Griffith v. AdamsSupreme Court of Connecticut · 1927
- Gaffney v. ShepardSupreme Court of Connecticut · 1928
22 more not listed; retrieve them via the Exa API.