Couch v. Gorham
Supreme Court of Connecticut
THIS was an action of ejectment. The defendant pleaded the general issue, which was closed to the court under the statute(a). The cause was tried at Fairfield, December term, 1813, before Reeve, Smith, and Baldwin, Js.
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THIS was an action of ejectment. The defendant pleaded the general issue, which was closed to the court under the statute(a). The cause was tried at Fairfield, December term, 1813, before Reeve, Smith, and Baldwin, Js. On the trial the question of title arose on the construction of the will of Samuel Couch, deceased ; the material part of which was as follows : "All the residue and remainder of my estate I give, devise and bequeath unto my sons Josiah, Zebulon, Benjamin, David and Nehemiah, and unto my daughters Abigail and Naomi, and to my three grand-children, the children of my deceased…
1Opinion of the CourtIngersoll, J.
The question in this case arose on the following clause of the will of Samuel Couch, the testator, viz. “ And my will further is, that if either of my said sons without issue, then in such case, the share and part given to such deceased son shall go and vest in his surviving brethren, or those that legally represent them.” The court below understood the will in the same sense as if the word die had been inserted next before the words "without issue,” supposing it to have been the manifest intent of the testator, that in the event, of one of the sons dying without issue all his brethren…
2Cited by8 opinions
- Hayden v. WescottSupreme Court of Connecticut · 1835
- Bristol v. AtwaterSupreme Court of Connecticut · 1882
- Alfred v. MarksSupreme Court of Connecticut · 1882
- Bullock v. SeymourSupreme Court of Connecticut · 1866
- Abbott v. Essex Co.U.S. Circuit Court for the District of Massachusetts · 1854
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