Bull v. Bull
Supreme Court of Connecticut
MOTION for a new trial. This was an action of ejectment, The general issue was pleaded; and upon trial to the jury, the plaintiff, who was the son and heir of Wil-J . Ham W, Bull, deceased, claimed by virtue oi a devise of Caleb Bull, deceased, to William W. Bull. The defendant was an executor of the will of Caleb, and claim* ed by virtue of another clause therein.
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MOTION for a new trial. This was an action of ejectment, The general issue was pleaded; and upon trial to the jury, the plaintiff, who was the son and heir of Wil-J . Ham W, Bull, deceased, claimed by virtue oi a devise of Caleb Bull, deceased, to William W. Bull. The defendant was an executor of the will of Caleb, and claim* ed by virtue of another clause therein. The devisor, after giving the use of part of his estate to his wife, for her life, proceeds as follows: “ Item, I give and bequeath unto my son William W. Bull, two thirds of all and every property, I may be possessed of, at the…
1Opinion of the Court
By the Court.
The will of Caleb Ball gave to James Bull and Thomas Bull, a joint power to sell and dispose of the estate of the testator, which was but a naked power, without being coupled with an interest. Even the power to sell could not be exercised by one of the executors, separately; and no power was given to them jointly, or separately, to enter upon, and possess, any part of the real estate; but the devisee having the fee, his heir at law has right to the possession.
New trial not to be granted.
2Cited by5 opinions
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- Gregg v. CurrierSupreme Court of New Hampshire · 1858
- Atwater v. PerkinsSupreme Court of Connecticut · 1883
- Clark v. BanksSupreme Court of Delaware · 1883
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