Legal Opinion

Fortune v. Buck

Supreme Court of Connecticut

Decided June 15, 1854PublishedCited by 8 opinions

This was a petition for a partition of certain real estate, to which the plaintiff claimed title, as co-heir, with Winthrop Buck and others, of Martha Bulkley, deceased. Upon the trial of the cause, the court found the following facts.

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This was a petition for a partition of certain real estate, to which the plaintiff claimed title, as co-heir, with Winthrop Buck and others, of Martha Bulkley, deceased. Upon the trial of the cause, the court found the following facts. Said Martha died, on the sixteenth day of October, 1845, seized, in fee simple, of the premises in question, and leaving a last will and testament, containing the following devise of the premises in question, to the defendant, Buck: “ I give and devise to Winthrop Buck, of Wethersfield, my Buck lot in Hartford meadow.” Said will was duly approved by a decree of…

1Opinion of the CourtChurch, C. J.

The plaintiff- is one of the heirs at law of Martha Bulkley, and claims that the premises in question descended to him, and other heirs of the deceased, among whom the defendant is one, as intestate estate, and he prefers his bill in equity, for a partition of the same among such heirs.

The defendant is in possession of the property in question, and claims exclusive title to it, as a devisee, under the will of the said Martha Bulkley. And the question is, did the premises in dispute pass to the defendant, under the will of the said Martha, or are they to be treated as intestate ?

It is found by…

2Cited by8 opinions

  1. Dunham v. DunhamSupreme Court of Connecticut · 1987
  2. Gardner v. BalboniSupreme Court of Connecticut · 1991
  3. Sullivan v. SullivanMassachusetts Supreme Judicial Court · 1871
  4. Johnes v. JacksonSupreme Court of Connecticut · 1895
  5. Sarah Manoukian and Gloria Tatigian Individually and as Executrices of the Estate of Kohar Tomasian, Deceased v. John M. TomasianCourt of Appeals for the D.C. Circuit · 1956

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