Loomer v. Loomer
Supreme Court of Connecticut
Suit to determine the construction of the will of Lyman L. Loomer of Derby, deceased, brought to and reserved by the Superior Court in New Haven County, Shumway, J., upon the facts set forth in the complaint and answers, for the advice of this court. March 18th, 1892, Lyman L. Loomer of Derby died, leaving a last will dated May 18th, 1891, which has been admitted to probate.
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Suit to determine the construction of the will of Lyman L. Loomer of Derby, deceased, brought to and reserved by the Superior Court in New Haven County, Shumway, J., upon the facts set forth in the complaint and answers, for the advice of this court. March 18th, 1892, Lyman L. Loomer of Derby died, leaving a last will dated May 18th, 1891, which has been admitted to probate. He left surviving him six children, Martha, Lyman, Andrew, Lowel, Lucy and Minnie, whose ages ranged from forty-four to sixty-seven years, all of whom still survive. One daughter predeceased the testator, leaving two…
1Opinion of the CourtPrentice, J.
The questions upon which our advice is asked arise from the provisions of paragraph seven of the will. The paragraph establishes a trust fund and creates a trust therein. The six surviving children of the testator are, beyond question, in terms made the beneficiaries for their respective lives, subject to the termination of the trust in the manner prescribed, of specified portions of the annual income. Certain rights of survivorship are created. The ambiguity in the language employed raises an uncertainty as to the disposition of income in the event of the death of certain of the children. Is…
2Cases cited5 opinions
- Connecticut Trust & Safe Deposit Co. v. HollisterSupreme Court of Connecticut · 1901
- Bates v. SpoonerSupreme Court of Connecticut · 1903
- Andrews v. LincolnSupreme Judicial Court of Maine · 1901
- White v. AllenSupreme Court of Connecticut · 1903
- Ives v. BeecherSupreme Court of Connecticut · 1903
3Cited by14 opinions
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- Hoadley v. BeardsleySupreme Court of Connecticut · 1915
- Closset v. BurtchaellOregon Supreme Court · 1924
- Humphrey v. GerardSupreme Court of Connecticut · 1910
- Manning v. ManningMassachusetts Supreme Judicial Court · 1918
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