Knapp v. Hanford
Supreme Court of Connecticut
This was an action of debt for a legacy, given to the plaintiff, Hannah Ann Knapp, by Lucy Ann Weed, in her last will, (a) The cause, which had been previously tried, and a new trial granted, was tried again, at Fairfield, December term, 1826, before Peters, J On this trial, these facts were agreed to, by the parties.
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This was an action of debt for a legacy, given to the plaintiff, Hannah Ann Knapp, by Lucy Ann Weed, in her last will, (a) The cause, which had been previously tried, and a new trial granted, was tried again, at Fairfield, December term, 1826, before Peters, J On this trial, these facts were agreed to, by the parties. On the 15th of July, 1816, Lucy Ann Weed made her will, bequeathing a legacy of 100 dollars to the plaintiff, and appointing Seth Weed her executor He accepted the trust ; and af-terwards died, having made his will, and appointed the defendants, Thaddeus Hanford and Ralph Hoyt,…
1Opinion of the CourtPeters, J.
1. To entitle the plaintiff to a verdict, she must have proved, in addition to the facts admitted, that Lucy Ann Weed died possessed of property sufficient to pay the legacy in question, and that the same came to the hands of the defendants. To this end the testimony of Henry Hoyt, jr., Benjamin Brush, and Nathan Olmsted was admissible to prove the existence of such property during her coverture ; for if it did not then exist, it could not have been in her possession at the time of her death; nor come to the hands of the defendants afterwards.
2. The testimony of Nathan Chichester was…
2Cases cited1 opinion
- Babcock v. HubbardSupreme Court of Connecticut · 1818
3Cited by3 opinions
- Davis v. WeedSupreme Court of Connecticut · 1877
- Adams v. SpaldingSupreme Court of Connecticut · 1837
- Peck v. AbbeSupreme Court of Connecticut · 1836