Birge v. Nucomb
Supreme Court of Connecticut
Suit to determine the construction of the will of Mary W. Bunnell, of Plymouth, deceased, brought to and reserved by the Superior Court in Litchfield County, Reed, J., upon the allegations of the complaint, which were admitted to be true, for the advice of this court. Mary W. Bunnell died December 12th, 1913, leaving an estate consisting wholly of personal property, and a will duly probated.
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Suit to determine the construction of the will of Mary W. Bunnell, of Plymouth, deceased, brought to and reserved by the Superior Court in Litchfield County, Reed, J., upon the allegations of the complaint, which were admitted to be true, for the advice of this court. Mary W. Bunnell died December 12th, 1913, leaving an estate consisting wholly of personal property, and a will duly probated. The portions of this instrument concerning which advice is asked are cónfined to its second, fourth and seventh paragraphs. Emily W. Catlin, the beneficiary named in the second paragraph, was one of the…
1Opinion of the CourtPrentice, C. J.
The first question propounded must be answered in the negative. The testatrix having designated no amount of money or other property as the subject-matter of the gift, there was no gift. Whatever conjecture may be entertained as to what the testatrix either intended or would have desired to do, the will must be construed in accordance with what it says and not in accordance with what the testatrix intended or would have wished to say. With unexpressed intent the courts are not concerned. Wolfe v. Hatheway, 81 Conn. 181, 185, 70 Atl. 645; Cornstock v. Comstock, 78 Conn. 606, 612, 63 Atl. 449.
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2Cases cited7 opinions
- White v. SmithSupreme Court of Connecticut · 1914
- Wolfe v. HathewaySupreme Court of Connecticut · 1908
- Fairfax v. BrownCourt of Appeals of Maryland · 1883
- Bristol v. BristolSupreme Court of Connecticut · 1885
- Comstock v. ComstockSupreme Court of Connecticut · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Connecticut Junior Republic Ass'n v. Town of LitchfieldSupreme Court of Connecticut · 1934
- Mahoney v. MahoneySupreme Court of Connecticut · 1923
- Stamford Savings Bank v. EverettSupreme Court of Connecticut · 1945
- In Re Estate of ConveySupreme Court of Minnesota · 1929
- Sadler v. SadlerSupreme Court of Connecticut · 1928
6 more not listed; retrieve them via the Exa API.