Whitehead v. Roberts
Supreme Court of Connecticut
Complaint praying for a writ of prohibition to restrain the judge of the Court of Probate for the district of Avon from proceeding to take cognizance of an application for the probate of the will of Cornelia W. Roberts, deceased, brought to the Hon. Marcus H. Holcomb, a judge of the Superior Court, who issued a rule to show cause returnable before the Superior Court in Hartford County, where the case was afterward tried on demurrer to the complaint; the court (Ralph Wheeler,…
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Complaint praying for a writ of prohibition to restrain the judge of the Court of Probate for the district of Avon from proceeding to take cognizance of an application for the probate of the will of Cornelia W. Roberts, deceased, brought to the Hon. Marcus H. Holcomb, a judge of the Superior Court, who issued a rule to show cause returnable before the Superior Court in Hartford County, where the case was afterward tried on demurrer to the complaint; the court (Ralph Wheeler, J.) sustained the demurrer and rendered judgment for the defendants, from which the plaintiff appealed.
1Opinion of the CourtHall, C. J.
The plaintiff is a residuary legatee under the will of Cornelia W. Roberts, deceased. The defendant Owen F. Roberts is an executor under said will, and the defendant Miller is the judge of probate for the district of Avon in this State.
The application contains these allegations, among others: “The Court of Probate for the probate district of Avon, and State of Connecticut, is exceeding its jurisdiction in that it has taken cognizance of the application of Owen F. Roberts for the admission to probate of the will of Cornelia W. Roberts, late of the city, county, and state of New York, deceased,…
2Cases cited14 opinions
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- Mack's Appeal from ProbateSupreme Court of Connecticut · 1898
- Olmstead's Appeal from ProbateSupreme Court of Connecticut · 1875
- Beach's AppealSupreme Court of Connecticut · 1903
- Culver's Appeal from ProbateSupreme Court of Connecticut · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Palmer v. ReevesSupreme Court of Connecticut · 1935
- Leonard v. WillcoxSupreme Court of Vermont · 1928
- Huggins v. MulveySupreme Court of Connecticut · 1971
- Lillico v. PerakosSupreme Court of Connecticut · 1965
- Cooper v. MatzkinSupreme Court of Connecticut · 1971
1 more not listed; retrieve them via the Exa API.