Tingier v. Chamberlin
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Eunice Chapman of Yernon, deceased, brought to the Superior Court in Tolland County and reserved by that court, Q-eorge W. Wheeler, J., upon a finding of facts, for the consideration and advice of this court.
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Suit to determine the validity and construction of the will of Eunice Chapman of Yernon, deceased, brought to the Superior Court in Tolland County and reserved by that court, Q-eorge W. Wheeler, J., upon a finding of facts, for the consideration and advice of this court. The facts found in the present case are substantially the same as those stated in 70 Conn. 868, when, in another phase of it, this case was before this court; and for the purposes of this case it is unnecessary to recite them here at length. The plaintiff is administrator de bonis non with the will annexed, both upon the…
1DissentHamersley, J.
The testatrix seeks to give her son the full benefit of her property, only restraining his power of alienation, so that at his death it shall go to his heirs. Such a devise is and always has been valid .under the common law of this State. Larabee v. Larabee, 1 Root, 555; Hamilton v. Hemsted, 3 Day, 332, 338; Healy v. Healy, 70 Conn. 467, 471. A devise to' a son for life and upon his death to his heirs, is one of the most natural and most common provisions made bjr will. To forbid such a devise is an unnatural and unjustifiable alteration of the law of property. It is said that such an…
2Cases cited8 opinions
- Leake v. WatsonSupreme Court of Connecticut · 1891
- White v. FiskSupreme Court of Connecticut · 1852
- Jocelyn v. NottSupreme Court of Connecticut · 1876
- Anthony v. AnthonySupreme Court of Connecticut · 1887
- Healy v. HealySupreme Court of Connecticut · 1898
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