Cunningham, Exrs. v. Cunningham
Supreme Court of Connecticut
Suit to determine the construction of the will of Matthias Cunningham of Hartford, deceased, brought to the Superior Court in Hartford County and reserved by that court, Thayer, J., upon a finding of facts, for the consideration and advice of this court.
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Suit to determine the construction of the will of Matthias Cunningham of Hartford, deceased, brought to the Superior Court in Hartford County and reserved by that court, Thayer, J., upon a finding of facts, for the consideration and advice of this court. The will left to the testator’s wife #2,500, the household furniture, and a life use of the tenement occupied by him as a dwelling in the building No. 97 and No. 99 Windsor street in Hartford, and of two family portraits, which after her death were given to his son Matthias. Two thousand dollars was given to the executors in trust, to be paid…
1Opinion of the CourtBaldwin, J.
The testator left four children and made them his residuary legatees and devisees in equal shares. The paragraph next preceding this provision gave them in equal shares No. 97 and No. 99 Windsor street, subject to a life use of part of the premises by the widow. This specific devise must be presumed to have been made for the purpose of securing some result which the general residuary clause would not accomplish. That sent the remainder in question to the four children, share and share alike: this also gave it to them in the same proportions, and must therefore have been designed to give it…
2Cited by3 opinions
- McCarthy v. TierneySupreme Court of Connecticut · 1931
- Hughes v. HughesIndiana Court of Appeals · 1903
- Leavenworth v. Shea, No. Cv94-0120331 S (Nov. 8, 1996)Connecticut Superior Court · 1996