Legal Opinion

Comstock v. Comstock

Supreme Court of Connecticut

Decided March 8, 1906PublishedCited by 14 opinions

Suit for the construction of the will of William E. Raymond of New Canaan, deceased, brought to and reserved by the Superior Court in Fairfield County, George W. Wheeler, J!, upon an agreed statement of facts, for the advice of this court. William E. Raymond of New Canaan died in 1890, leaving a considerable estate and a will. There survived him his widow, and her sister, Susan E. Comstock, but no issue.

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Suit for the construction of the will of William E. Raymond of New Canaan, deceased, brought to and reserved by the Superior Court in Fairfield County, George W. Wheeler, J!, upon an agreed statement of facts, for the advice of this court. William E. Raymond of New Canaan died in 1890, leaving a considerable estate and a will. There survived him his widow, and her sister, Susan E. Comstock, but no issue. By his will he gave his wife his personal effects, $5,000 in cash, $1,200 for her support during the first year after his decease, and the life use of certain real estate, including his…

1Opinion of the CourtPrentice, J.

It is apparent, from the will and facts found, that the testator intended to make provision in his will for the support of his wife during her fife, and that the measure of that support, in addition to what he gave to her absolutely, was to be $1,200 a year. It is also apparent that the testator supposed that the trust created for her benefit would yield her that amount each and every year. That which he did not foresee happened, and the trust estate was for a period of years unable to yield for her the anticipated and stipulated amount. The question presented is whether he provided for that…

2Cases cited4 opinions

  1. Fairfield v. LawsonSupreme Court of Connecticut · 1883
  2. Lord v. LordSupreme Court of Connecticut · 1854
  3. In Re the Judicial Settlement of the Accounts of ChaunceyNew York Court of Appeals · 1890
  4. In re the Estate of PierceWisconsin Supreme Court · 1883

3Cited by14 opinions

  1. Green v. BissellSupreme Court of Connecticut · 1907
  2. Brock EstateSuperior Court of Pennsylvania · 1944
  3. Ziulkoski v. BarkerSupreme Court of Connecticut · 1920
  4. Birge v. NucombSupreme Court of Connecticut · 1918
  5. First National Bank v. Cleveland Trust Co.Appellate Court of Illinois · 1941

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