Post v. Jackson
Supreme Court of Connecticut
Suit to determine the construction of the will of Horace Nettleton of Clinton, deceased, brought to the Superior Court in Middlesex County and reserved by that court, Thayer, J., upon the facts alleged in the complaint and answers, for the consideration and advice of this court. Horace Nettleton, late of the town of Clinton, made his will on the 14th day of January, 1892, by which he made certain bequests and legacies.
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Suit to determine the construction of the will of Horace Nettleton of Clinton, deceased, brought to the Superior Court in Middlesex County and reserved by that court, Thayer, J., upon the facts alleged in the complaint and answers, for the consideration and advice of this court. Horace Nettleton, late of the town of Clinton, made his will on the 14th day of January, 1892, by which he made certain bequests and legacies. On the 2d day of December, 1893, he made a codicil, by which he changed those legacies. On the 1st day of April, 1896, he made another codicil, as follows : “ Whereas, I,-…
1Opinion of the CourtAndrews, C. J.
The demurrer should have been sustained. There is no ambiguity in the language of the codicil. Jackson v. Alsop, 67 Conn. 249; Woodruff v. Migeon, 46 id. 236; Patch v. White, 117 U. S. 210, 224.
The language we are asked to construe is: “I give, devise and bequeath to my nephews and nieces, they being my lawful heirs, all the rest and residue and remainder of my property, real and personal.” If the language had been, I give, devise and bequeath to my nephews and nieces the rest and residue and remainder of my estate, etc., there would have been a complete disposition of the estate, and there…
2Cases cited3 opinions
- Patch v. WhiteSupreme Court of the United States · 1886
- Jackson v. AlsopSupreme Court of Connecticut · 1896
- Howard v. HowardSupreme Court of Connecticut · 1848
3Cited by12 opinions
- Mooney v. TollesSupreme Court of Connecticut · 1930
- Hoadley v. BeardsleySupreme Court of Connecticut · 1915
- Connecticut Junior Republic v. Sharon HospitalSupreme Court of Connecticut · 1982
- Rice v. BurkhartSupreme Court of Iowa · 1906
- In Re Estate of DavisSupreme Court of Iowa · 1927
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