Turner v. Laird
Supreme Court of Connecticut
Suit to determine the construction of the will of Robert Balfour of Norwich, deceased; brought to the Superior Court in New London County and reserved by that court, Thayer, J., upon the facts stated in the complaint, for the consideration and advice of this court.
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Suit to determine the construction of the will of Robert Balfour of Norwich, deceased; brought to the Superior Court in New London County and reserved by that court, Thayer, J., upon the facts stated in the complaint, for the consideration and advice of this court. The parts of the will particularly brought iu question were the ninth, tenth and eleventh articles, which were printed in the report of the case of Turner v. Balfour, 62 Conn. 89, 90. By the ninth article, “ the Geer house ” was devised to the testator’s grandson Robert Balfour, in fee, subject to a life estate in his widow. By the…
1Opinion of the CourtBaldwin, J.
A specific devise of land, mortgaged by the testator to secure his own debt, prima facie imports an intention that such debt shall be satisfied out of the general personal assets. Hewes v. Dehon, 3 Gray, 205. In the case at bar, this presumed intention, with respect to the “ Geer house,” finds additional support in the provision made by the testator in the first article of his will, directing his executor to pay all his just debts and funeral expenses and the legacies subsequently given out of his estate. The word “ debts,” in such a connection, includes mortgage debts. Bishop v. Howarth, 59…
2Cases cited1 opinion
- Bishop v. HowarthSupreme Court of Connecticut · 1890
3Cited by16 opinions
- In Re the Estate of De BernalCalifornia Supreme Court · 1913
- Beard, Appeal From ProbateSupreme Court of Connecticut · 1906
- Jacobs v. ButtonSupreme Court of Connecticut · 1906
- Higinbotham v. ManchesterSupreme Court of Connecticut · 1931
- Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926
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