Wheeler's Appeal from Probate
Supreme Court of Connecticut
Appeal from the refusal of the Court of Probate for the district of Oxford to confirm the applicant, David B. Wheeler, as testamentary trustee, taken to the Superior Court in New Haven County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered for the applicant, and appeal by the respondents for alleged errors in the rulings of the court.
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Appeal from the refusal of the Court of Probate for the district of Oxford to confirm the applicant, David B. Wheeler, as testamentary trustee, taken to the Superior Court in New Haven County and tried to the court, Ralph Wheeler, J.; facts found and judgment rendered for the applicant, and appeal by the respondents for alleged errors in the rulings of the court. Joel B. Wheeler, late of Oxford, died on the 9th, day of January, 1891. He left a will which was on the 22d day of the same month duly approved by the Court of Probate in the district of Oxford. The first paragraph of the will…
1Opinion of the CourtAndrews, C. J.
The Court of Probate held that Mr. Wheeler was not yet entitled to be qualified as trustee under the appointment in the will of his father. The language of this decision admits that Mr. Wheeler is a fit person to be such trustee, and that the bond which he tendered is suffi*514cient. At what time, or upon the happening of what event he will become entitled to be so qualified, is not indicated. Mr. Wheeler, as trustee, had a vested interest in the remainder estate as soon as the will became operative. Being a fit man and offering a sufficient bond, and there being no reason shown why he is not now…
2Cases cited3 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Hallock v. SmithSupreme Court of Connecticut · 1882
- Terry v. AllenSupreme Court of Connecticut · 1891
3Cited by6 opinions
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Ryder v. LyonSupreme Court of Connecticut · 1912
- Hewitt v. SanbornSupreme Court of Connecticut · 1925
- State Ex Rel. Raskin v. SchachatSupreme Court of Connecticut · 1935
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