Legal Opinion

Allen Appeal from Probate

Supreme Court of Connecticut

Decided November 3, 1897PublishedCited by 12 opinions

Appeal from an order and decree of the Court of Probate for the district of Windsor, appointing a testamentary trustee to fill a vacancy, taken to the Superior Court in Hartford County and tried to the court, Elmer, J.; facts found and judgment rendered for the appellants, and appeal by one of the appellees for.alleged errors in the rulings of the court.

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Appeal from an order and decree of the Court of Probate for the district of Windsor, appointing a testamentary trustee to fill a vacancy, taken to the Superior Court in Hartford County and tried to the court, Elmer, J.; facts found and judgment rendered for the appellants, and appeal by one of the appellees for.alleged errors in the rulings of the court. The will created a trust of residuary estate, for the benefit of four sisters of the testator during their lives, and of the children of two of them, during the lives of such children, with remainder thereafter to the grandchildren of said…

1Opinion of the CourtBaldwin, J.

In 1872, when the will, upon the construction of which this case turns, was executed, it was part of our statute law, as it still is, that every testamentary trustee should, unless otherwise provided in the will, be required by the Court of Probate having jurisdiction over the estate of the testator, to give a sufficient bond, with surety ; and also that, if the will did not provide for the contingency of his death, the same court should, upon that event, appoint some suitable person as his successor. General Statutes, Rev. of 1866, p. 407, §§ 26, 27; General Statutes, Rev. of 1888, §§ 490,…

2Cases cited1 opinion

  1. Bishop v. BishopSupreme Court of Connecticut · 1886

3Cited by12 opinions

  1. Hoadley v. BeardsleySupreme Court of Connecticut · 1915
  2. Walsh v. A. Waldron & SonsSupreme Court of Connecticut · 1931
  3. Harvey v. Fiduciary Trust Co.Massachusetts Supreme Judicial Court · 1938
  4. In Re Murphy's EstateMontana Supreme Court · 1935
  5. Bisnovich v. British America Assurance Co.Supreme Court of Connecticut · 1924

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