Ackerman v. Union & New Haven Trust Co.
Supreme Court of Connecticut
Suit to secure the termination of a trust, for a construction of the will creating it, for an order that certain persons named in the will state their claims to the fund by interpleading, and for a distribution of the trust fund, brought to the Superior Court in New Haven County where demurrers to the substituted complaint were sustained and judgment rendered for the defendants, Bennett, J., from which the plaintiff appealed.
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Suit to secure the termination of a trust, for a construction of the will creating it, for an order that certain persons named in the will state their claims to the fund by interpleading, and for a distribution of the trust fund, brought to the Superior Court in New Haven County where demurrers to the substituted complaint were sustained and judgment rendered for the defendants, Bennett, J., from which the plaintiff appealed. The final form of the complaint, upon which issue was joined by demurrer in the trial court, presents these facts: Theodore J. Ackerman lived for many years in New…
1Opinion of the CourtCase, J.
The three essential claims for relief which call for consideration upon the stated facts, are: a judgment of interpleader, a construction of the will, and a termination of the trust. The first has no merit. Our statute dealing with equitable actions in the nature of interpleader (General Statutes, § 1019) has been construed with a liberal regard for its remedial character (Union Trust Co. v. Stamford Trust Co., 72 Conn. 86, 93, 43 Atl. 555), but this case is outside its intent and lacks its requirements. The plaintiff stands alone in asserting a right hostile to the trustee’s present…
2Cases cited6 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Belfield v. BoothSupreme Court of Connecticut · 1893
- Union Trust Co. v. Stamford Trust Co.Supreme Court of Connecticut · 1899
- Foote v. BrownSupreme Court of Connecticut · 1905
- Mason v. Rhode Island Hospital Trust Co.Supreme Court of Connecticut · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ackerman v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1917
- Deladson v. CrawfordSupreme Court of Connecticut · 1919
- Union & New Haven Trust Co. v. AckermanSupreme Court of Connecticut · 1932
- Shaw v. SpelkeSupreme Court of Connecticut · 1929
- Hills v. Travelers Bank & Trust Co.Supreme Court of Connecticut · 1939
12 more not listed; retrieve them via the Exa API.