Legal Opinion

Wilmerding v. Russ

Supreme Court of Connecticut

Decided September 15, 1865PublishedCited by 29 opinions

Bill in equity, brought by Harriet B. Wilmerding, Johanna E. Russ, and John Russ Burrows, against Mary Russ, executrix of the estate of Charles J. Russ, deceased, praying for a re-conveyance of certain stocks, and an account. Other parties interested were also made respondents.

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Bill in equity, brought by Harriet B. Wilmerding, Johanna E. Russ, and John Russ Burrows, against Mary Russ, executrix of the estate of Charles J. Russ, deceased, praying for a re-conveyance of certain stocks, and an account. Other parties interested were also made respondents. The case was referred to a committee, whose report embraced the' following facts: ‘ Cornelia Russ died in 1842, leaving by her will the residuary portion of her estate in trust for the benefit of four minors who were to take in certain fixed proportions. The income accruing upon the share of each was to be added to the…

1Opinion of the CourtHinman, C. J.

The bill seeks to make the executrix of the last will and testament of Charles J. Russ, deceased, accountable for fifty-three shares of the capital stock of the Hartford Fire Insurance Company, together with the dividends which have accrued thereon since 1842, under the following circumstances. The said Charles J. Russ in May, 1842, was appointed administrator with the will annexed, on the estate of Cornelia Russ, who died in April, 1842, leaving a will, the residuary clause of which was as follows :—

“ The rest and residue of my estate, real and personal, I direct should be held by trustees,…

2Cases cited3 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
  3. Phalen v. ClarkSupreme Court of Connecticut · 1849

3Cited by29 opinions

  1. Hecht v. SlaneyCalifornia Supreme Court · 1887
  2. Kennedy v. BakerTexas Supreme Court · 1883
  3. Newsom v. Board of CommissionersIndiana Supreme Court · 1885
  4. Broder v. ConklinCalifornia Supreme Court · 1898
  5. Pipe v. SmithSupreme Court of Colorado · 1879

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