Legal Opinion

Willcox v. Beecher

Supreme Court of Connecticut

Decided February 15, 1858PublishedCited by 8 opinions

Action of debt on a probate bond given to the plaintiff as judge of probate by the defendants under the provisions of the will of John S. Moshier deceased. The material portions of the will are as follows: “ I, John S. Moshier, do hereby make this my last will and testament, in manner and form as follows: 1st. I will that all legal charges against my estate be paid. 2d.

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Action of debt on a probate bond given to the plaintiff as judge of probate by the defendants under the provisions of the will of John S. Moshier deceased. The material portions of the will are as follows: “ I, John S. Moshier, do hereby make this my last will and testament, in manner and form as follows: 1st. I will that all legal charges against my estate be paid. 2d. I devise and bequeath unto my beloved wife the use of four-ninths of my estate that may remain after such charges are deducted, during her life; and, if it should become necessary for her support, she may have as much of the…

1Opinion of the CourtStorrs, C. J.

We think that the decision of this case must depend upon the question, whether, by the true construction of the will before us, Howard Moshier, the son of the testator, is entitled to one-ninth of the gross value of the estate of the testator, without deducting the amount of the *138legal charges against his estate and the cost of its settlement, or that proportion of its net value only after such deduction; for in our opinion the condition of the bond on which this action is brought only requires, in regard to the said Howard, for whose benefit in part the testator’s estate is devised to the…

2Cited by8 opinions

  1. Wells v. MennSupreme Court of Florida · 1946
  2. Kinkead v. MaxwellSupreme Court of Kansas · 1907
  3. Stevens v. UnderhillSupreme Court of New Hampshire · 1883
  4. Cornell v. CornellSupreme Court of Connecticut · 1973
  5. McCarthy v. TierneySupreme Court of Connecticut · 1931

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