Legal Opinion

Lancaster's Appeal from Probate

Supreme Court of Connecticut

Decided June 15, 1879PublishedCited by 5 opinions

Appeal from the decree of a probate court approving the ■will of Henry E. Judson; taken to the Superior Court in New Haven County. The executor of the will and one of the devisees under it who had been made parties to the appeal, pleaded in abatement a former appeal taken from the same probate decree to the Superior Court and the judgment of the latter court upon the appeal, such judgment being against the appellants and establishing the will.

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Appeal from the decree of a probate court approving the ■will of Henry E. Judson; taken to the Superior Court in New Haven County. The executor of the will and one of the devisees under it who had been made parties to the appeal, pleaded in abatement a former appeal taken from the same probate decree to the Superior Court and the judgment of the latter court upon the appeal, such judgment being against the appellants and establishing the will. The probate decree was passed on the 30th of December, 1875; the present appeal was taken June 29th, 1877. Upon the plea in abatement the following…

1Opinion of the CourtPardee, J.

On December 30th, 1875, the -will of Henry E. Judson, deceased, was presented and proved in the probate court for the district of New Haven, and by that court approved and ordered upon record. On April 28th, 1876, Frances Meux, a sister of the deceased, together with her husband, moved an appeal from the order to the Superior Court; which court, finding the reasons for this appeal to bo untrue, dismissed it. After the dismissal and before June, 1877, Esther Lancaster, a sister and heir at law of the deceased, died; her husband, Alfred Lancaster, the present appellant, and two minor children…

2Cases cited2 opinions

  1. Woodruff v. TaylorSupreme Court of Vermont · 1847
  2. Lake's Appeal from ProbateSupreme Court of Connecticut · 1865

3Cited by5 opinions

  1. Delehanty v. PitkinSupreme Court of Connecticut · 1904
  2. Quinlan v. City National BankSupreme Court of Connecticut · 1926
  3. White v. StrongSupreme Court of Connecticut · 1902
  4. In re the Will of StoreyAppellate Court of Illinois · 1886
  5. Ketchum v. ThatcherMissouri Court of Appeals · 1882

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