Munson v. Munson
U.S. Circuit Court for the District of Connecticut
WRIT of error. Joseph Munson brought an action of assumpsit against Jabez Munson, alleging that Jabez Munson, their father, made his will, and thereby gave his estate to his wife arid children; that in order to have a just distribution thereof, according to the will, the heirs and devisees entered into an agreement signed by each, appointing Caleb Jllling and Joseph Dorman to make such distribution, and bound themselves “ to abide by, comply with, and perform, all the acts…
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WRIT of error. Joseph Munson brought an action of assumpsit against Jabez Munson, alleging that Jabez Munson, their father, made his will, and thereby gave his estate to his wife arid children; that in order to have a just distribution thereof, according to the will, the heirs and devisees entered into an agreement signed by each, appointing Caleb Jllling and Joseph Dorman to make such distribution, and bound themselves “ to abide by, comply with, and perform, all the acts of said Ailing and Dorman, and all then- orders, awards, and decrees, in making and finishing a distribution of said…
1Opinion of the Court
jjy THE Court,
unanimously. The question that arises in this case is, whether the consideration alleged in the declaration is a good ground to support, the promise of the defendant. This consideration is the title and right in fee, which the defendant is supposed to have acquired in the lands set out, and distributed to him, by the award of said arbitrators.
But the award conveyed no title. The transactions stated do not amount to a family settlement of the estate of said Jabez Munson, deceased. His estate remains yet unsettled, and, on application, is liable to be divided and distributed among…
2Cited by2 opinions
- Brown v. WheelerSupreme Court of Connecticut · 1845
- Shelton v. AlcoxSupreme Court of Connecticut · 1836