Legal Opinion

Ford v. Kirk

Supreme Court of Connecticut

Decided January 15, 1874PublishedCited by 8 opinions

Bill in equity for the sale of certain land owned in common by the petitioner and respondents; brought to the Superior court in Fairfield County.

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Bill in equity for the sale of certain land owned in common by the petitioner and respondents; brought to the Superior court in Fairfield County. The court found the following facts:— The land in question is a part of the estate of Nehemiah Brown, who died in 1840, having devised it to his widow for -life and after her decease an undivided third part to his daughter Sarah Ford, the petitioner, one third to his daughter Julia Kirk, and one third to his daughter Eliza Snyder, for life, and after her death to her children. The widow died on the 21st of March, 1869. After the death of the devisor…

1Opinion of the CourtSeymour, C. J.

The petitioner seeks for an order of sale of certain real estate in which she is interested in common with the respondents.

The facts appear in the finding of the Superior Court, to which reference must be had.

The first claim made by the respondents is that the Superior Court has no jurisdiction to order the sale of the estate, the same being owned by the parties as devisees under the will of Nehemiah Brown deceased, and being, as the respondents say, within the exclusive jurisdiction of the probate court.

The power conferred upon the Superior Court to order the sale of property in which…

2Cited by8 opinions

  1. Johnson v. OlmstedSupreme Court of Connecticut · 1882
  2. Delfino v. VealencisSupreme Court of Connecticut · 1980
  3. Fernandes v. RodriguezSupreme Court of Connecticut · 2000
  4. Vail v. HammondSupreme Court of Connecticut · 1891
  5. Eli v. EliSouth Dakota Supreme Court · 1997

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