Phelps v. Robbins
Supreme Court of Connecticut
Petitiox by tlio executors of tlie will of George D. Phelps, for advice as to the construction of sundry clauses of the will and as to their duties under the same; brought to tlio Superior Court in Hartford County,, The will was executed in the city of New York, where the testator resided, on the 7th day of February, 1863. The parts of it important to the present case are as follows: “ Second.
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Petitiox by tlio executors of tlie will of George D. Phelps, for advice as to the construction of sundry clauses of the will and as to their duties under the same; brought to tlio Superior Court in Hartford County,, The will was executed in the city of New York, where the testator resided, on the 7th day of February, 1863. The parts of it important to the present case are as follows: “ Second. I give to my beloved wife, Harriet Augusta Ayres, the sum of five thousand dollars, to her own sole use, benefit and behoof forever; and I hereby relinquish to my said wife all right and claim which I…
1Opinion of the CourtCarpenter, J.
The first question presented for the advice of this court is, what constitutes the residuum mentioned in the third clause' of the will ? Is it the whole of the estate after deducting the legacy mentioned in the preceding clause, or is it the balance after paying all the legacies, debts and charges ?
Bouvier defines residue to mean “ that which remains of something after taking away a part of it; the residue of an estate is what has not been particularly devised by will.” As used in wills its ordinary meaning is, that portion of the estate which is left after the payment of charges, debts and…
2Cited by28 opinions
- Lockbihler v. YoungCalifornia Supreme Court · 1899
- Hatheway v. SmithSupreme Court of Connecticut · 1907
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- Baker's AppealSupreme Court of Pennsylvania · 1884
- Bryan v. BigelowSupreme Court of Connecticut · 1905
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