Walker v. Upson
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Elliott A. Upson of Bridgeport, deceased, brought to the Superior Court in Fairfield County and reserved by that court, Robinson, J., upon the facts stated in the complaint, for the consideration and advice of this court.
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Suit to determine the validity and construction of the will of Elliott A. Upson of Bridgeport, deceased, brought to the Superior Court in Fairfield County and reserved by that court, Robinson, J., upon the facts stated in the complaint, for the consideration and advice of this court. The following are the material portions of the will, which was executed in 1896: “ I give and bequeath to my beloved wife, Alice B. Upson, the possession, use and income of all my estate, real and personal, until my daughter Nellie shall attain the age of twenty-one years, provided she shall survive to that age,…
1Opinion of the CourtBaldwin, J.
The testator provided for the disposition of the greater part of his property “ when ” his daughter Nellie should come of age, or upon her death, should that occur during her minority. He also provided for the simultaneous disposition of the residue “ in case ” his three children should “ all then be living.” The death of his son before him presented a different case, as to which the will is silent. That, knowing that Nellie was of age and Henry dead, the testator allowed his will to remain unaltered, cannot, even with the aid of General Statutes, § 541, serve to turn a contingent bequest…
2Cases cited2 opinions
- Leake v. WatsonSupreme Court of Connecticut · 1891
- Bennett v. PackerSupreme Court of Connecticut · 1898
3Cited by7 opinions
- Chase National Bank v. SchleussnerSupreme Court of Connecticut · 1933
- Grant v. StimpsonSupreme Court of Connecticut · 1907
- Compton v. AkersSupreme Court of Kansas · 1915
- Harmon v. HarmonSupreme Court of Connecticut · 1907
- Dinan v. PattenSupreme Court of Connecticut · 2015
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