Legal Opinion

Ackerman v. Union & New Haven Trust Co.

Supreme Court of Connecticut

Decided February 26, 1917PublishedCited by 44 opinions

Suit to secure a construction of the will of Theodore J. Ackerman of New Haven, deceased, brought to the Superior Court in New Haven County where demurrers to the complaint were sustained (Curtis, J.) and judgment rendered for the defendants, from which the plaintiff appealed. A former action between the same parties in the same relations to each other and to the subject-matter of the suit, has been adjudicated here and reported.

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Suit to secure a construction of the will of Theodore J. Ackerman of New Haven, deceased, brought to the Superior Court in New Haven County where demurrers to the complaint were sustained (Curtis, J.) and judgment rendered for the defendants, from which the plaintiff appealed. A former action between the same parties in the same relations to each other and to the subject-matter of the suit, has been adjudicated here and reported. Ackerman v. Union & New Haven Trust Co., 90 Conn. 63, 96 Atl. 149. The detailed statement preceding the opinion in that case embraces all the facts upon which the…

1Opinion of the CourtCase, J.

The complaint in the former case sought both a construction of Mr. Ackerman’s will and a termination of the trust created by it. It was obvious that the real relief pursued was an immediate termination of the trust and that a construction of the will was asked only to accomplish that result. The will was construed,—in so far as such action was incidentally necessary to determine the character and duration of the trust,—and both prayers for relief were denied; the former because the trust by its terms is one beyond the power of the courts to terminate during the life of Miss Ackerman, the…

2Cases cited2 opinions

  1. Dunnett v. ThorntonSupreme Court of Connecticut · 1900
  2. Ackerman v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1915

3Cited by44 opinions

  1. United Oil Co. v. Urban Redevelopment CommissionSupreme Court of Connecticut · 1969
  2. James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
  3. Kariher's Petition (No. 1)Supreme Court of Pennsylvania · 1925
  4. Napoletano v. CIGNA Healthcare of Connecticut, Inc.Supreme Court of Connecticut · 1996
  5. Corsino v. GroverSupreme Court of Connecticut · 1961

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