Knapp v. Hanford
Supreme Court of Connecticut
This was an action of debt, brought by Hannah Ann Knapp, against the defendants, as executors of Lucy Ann Weed, deceased, to recover a legacy, given by her will to the plaintiff.
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This was an action of debt, brought by Hannah Ann Knapp, against the defendants, as executors of Lucy Ann Weed, deceased, to recover a legacy, given by her will to the plaintiff. The declaration stated, That on the 15th of July, 1816, Lucy Ann Weed made her will, and therein gave the plaintiff a legacy of 100 dollars; that she appointed Seth Weed her executor; that on the 1st of August, 1818, she died, possessed of estate more than sufficient to pay all her debts and legacies; that the will being afterwards proved and allowed, Seth Weed accepted the trust of executor, and took the estate so…
1Opinion of the CourtDaggett, J.
Two objections are made to the declaration on the motion in arrest.
1. No action at law will lie against an executor or administrator for a legacy, without an express promise; the remedy being in chancery. This, undoubtedly, is the law in Westminster-Hall. Deeks & ux. v. Strutt, 5 Term Rep. 590. This doctrine stands on the ground, that a court of chancery only can impose terms on the party, who is entitled to recover. No such reason exists in Connecticut. Our courts of probate, to which the settlement of estates belongs, is vested with full powers on this subject, as a recurrence to the…
2Cases cited2 opinions
- Goodwin v. ChaffeeSupreme Court of Connecticut · 1822
- Lamb v. SmithSupreme Court of Connecticut · 1792
3Cited by2 opinions
- Adams v. SpaldingSupreme Court of Connecticut · 1837
- Thurston v. HuntingtonSuperior Court of New Hampshire · 1845