Farnam v. Farnam
Supreme Court of Connecticut
Suit by executors and trustees for an adjudication as to the construction and validity of a will; brought to the Superior Court. The following facts, set forth in the complaint, were admitted by the parties and found by the court: Henry Farnam, of New Haven in this state, died in Oe‘tober, 1883, leaving an estate, mainly personal, of eighteen hundred thousand dollars, and a will, executed on the 22d of April, 1882, which was duly proved in the probate court after his death.
Read the full summary
Suit by executors and trustees for an adjudication as to the construction and validity of a will; brought to the Superior Court. The following facts, set forth in the complaint, were admitted by the parties and found by the court: Henry Farnam, of New Haven in this state, died in Oe‘tober, 1883, leaving an estate, mainly personal, of eighteen hundred thousand dollars, and a will, executed on the 22d of April, 1882, which was duly proved in the probate court after his death. He left a widow, and five children, four of the children being sons of the ages respectively, at the time of the…
1DissentPark, C. J.
(dissenting).—I cannot concur in the views expressed by the majority of the court in regard to the disposition of the principal of the estate contained in the fifth clause of the will in question. The majority hold that the principal vested by right in the grandchildren of the testator, as a class, at the time of the testator’s death.
I think no estate in the principal could vest by the terms of the will before the death of the last survivor of the testator’s children, and, if Mrs. Farnam should then be living, not before her death.
Although the testator had nearly two million dollars of…
2Cases cited5 opinions
- Thomson v. LudingtonMassachusetts Supreme Judicial Court · 1870
- Hall v. HallMassachusetts Supreme Judicial Court · 1877
- Wheeler v. FellowesSupreme Court of Connecticut · 1884
- Colby v. DuncanMassachusetts Supreme Judicial Court · 1885
- Alfred v. MarksSupreme Court of Connecticut · 1882