Legal Opinion

Jennings v. Davis

Supreme Court of Connecticut

Decided October 15, 1862PublishedCited by 22 opinions

Amicable submission to the superior court, by the plaintiff as executor of the will of Gideon Morehouse, and the defendant as administrator of the estate of Eunice Morehouse, a former wife of Gideon Morehouse, upon the following agreed statement of facts:— Eunice Morehouse was the daughter of William Robinson, and was married to Gideon Morehouse in 1828. William Robinson died in the year 1832, leaving a will, which contained the following legacy: — “ I give to my wife the…

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Amicable submission to the superior court, by the plaintiff as executor of the will of Gideon Morehouse, and the defendant as administrator of the estate of Eunice Morehouse, a former wife of Gideon Morehouse, upon the following agreed statement of facts:— Eunice Morehouse was the daughter of William Robinson, and was married to Gideon Morehouse in 1828. William Robinson died in the year 1832, leaving a will, which contained the following legacy: — “ I give to my wife the furniture of all descriptions now in my dwelling-house, to have and to use the same during her natural life, and after her…

1Opinion of the CourtSanford, J.

The first point presented for our decision upon the facts stated is, which of these claimants is entitled to the furniture in question.

Before the act of 1849, (Comp, of 1854, p. 376,) it had been settled by an uniform course of decisions in this state, that personal property accruing to a wife during her coverture by devise or descent, vested immediately and absolutely in her husband, even before distribution. Griswold v. Penniman, 2 Conn., 564; Fourth Ecclesiastical Society in Middletown v. Mather, 15 id., 587; Winton v. Barmun, 19 id., 171; Edwards v. Sheridan, 24 id., 165.

But it is claimed…

2Cases cited2 opinions

  1. Deming v. WilliamsSupreme Court of Connecticut · 1857
  2. Griswold v. PennimanSupreme Court of Connecticut · 1818

3Cited by22 opinions

  1. State ex rel. First National Bank v. BartleyNebraska Supreme Court · 1894
  2. Savings Bank of San Diego v. BarrettCalifornia Supreme Court · 1899
  3. Kapena v. KaleleonalaniHawaii Supreme Court · 1885
  4. State v. MarronNew Mexico Supreme Court · 1913
  5. Hiltbrand v. HiltbrandCalifornia Court of Appeal · 1936

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