Terry v. Allen
Supreme Court of Connecticut
Suit in equity by a remainder-man against the defendant Allen, as a testamentary trustee, charging him with wasting the trust fund, and praying that he be compelled to replace ■the funds lost or wasted and that he be ordered not to invest any part of the fund in other securities than those in which trustees are permitted by law to invest; brought to the .Superior Court in New Haven County and heard before Robinson, J. Facts found and judgment rendered for the plaintiff, and…
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Suit in equity by a remainder-man against the defendant Allen, as a testamentary trustee, charging him with wasting the trust fund, and praying that he be compelled to replace ■the funds lost or wasted and that he be ordered not to invest any part of the fund in other securities than those in which trustees are permitted by law to invest; brought to the .Superior Court in New Haven County and heard before Robinson, J. Facts found and judgment rendered for the plaintiff, and appeal by the defendant. The case is fully stated in the opinion. O. P. Ingersoll and W. W. Hyde for the appellant,…
1Opinion of the CourtSeymour, J.
James Terry, senior, died April 19th, 1871, leaving a will, the third and fourth clauses of which read as follows:
“ Third. I give, devise and bequeath one third of all the remainder of my personal estate to my friend, R. D. H. Allen and his successors, in trust, to hold and manage the same, and to pay over to my said wife, Yaleria Terry, all the. interest, rents, dividends and profits thereof, during her natural life, to her sole and separate use and upon her sole receipt, and at her death to cause the same to be divided as given in the next section of this will.
“ Fourth. I give, devise and…
2Cases cited4 opinions
- Hudson v. WadsworthSupreme Court of Connecticut · 1831
- Clarke v. TerrySupreme Court of Connecticut · 1867
- Sanford v. GilmanSupreme Court of Connecticut · 1877
- Security Co. v. HardenburghSupreme Court of Connecticut · 1885
3Cited by4 opinions
- Newport v. HattonCalifornia Supreme Court · 1924
- State Ex Rel. Beardsley v. London & Lancashire Indemnity Co. of AmericaSupreme Court of Connecticut · 1938
- Central Hanover Bank & Trust Co. v. MasonSupreme Court of Connecticut · 1942
- Wheeler's Appeal from ProbateSupreme Court of Connecticut · 1898