Webster v. Merriam
Supreme Court of Connecticut
- This was an appeal from two decrees of the court of probate for the district of Litchfield, one passed on the 22nd of June, 1830, the other on the 2nd of November, 1830. By the former, Erastus Lyman, William Battell, jun. and Erastus Hodges were appointed distributors, to distribute to those entitled thereto, so much of the estate of William Merriam, deceased, as had not previously been distributed, viz. that part which had been set out as dower to the widow, Deborah…
Read the full summary
- This was an appeal from two decrees of the court of probate for the district of Litchfield, one passed on the 22nd of June, 1830, the other on the 2nd of November, 1830. By the former, Erastus Lyman, William Battell, jun. and Erastus Hodges were appointed distributors, to distribute to those entitled thereto, so much of the estate of William Merriam, deceased, as had not previously been distributed, viz. that part which had been set out as dower to the widow, Deborah Merriam. By the latter decree, the return of the distributors, after they had performed the duty assigned them, was accepted…
1Opinion of the CourtWilliams, J.
The appellants claim, that no distribution could be made, by a court of probate, of the land, of which the widow was endowed, during the existence of her life estate. They claim, that such a practice would produce many inconveniences, and is not authorized by statute.
There are, doubtless, cases, in which, from the particular situation of the property, a distribution might be unnecessary and even disadvantageous. Other cases may exist, where the property was so situated and it was so necessary for some of the heirs to dispose of their share, that it would be much for their advantage to have a…
2Cases cited2 opinions
- Spencer v. UsherSupreme Court of Connecticut · 1805
- Sever v. SeverMassachusetts Supreme Judicial Court · 1811
3Cited by9 opinions
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Uhlmann v. UhlmannNew York Court of Common Pleas · 1885
- Bordeaux v. BordeauxMontana Supreme Court · 1904
- Johnson v. JohnsonNew Jersey Court of Chancery · 1911
- Wetstine v. WetstineSupreme Court of Connecticut · 1931
4 more not listed; retrieve them via the Exa API.