Williams v. Gardner
Supreme Court of Connecticut
Suit by the successor of the original testamentary trustee to determine his power and authority under a clause of the will of John Wolfe of Beacon Falls, deceased, brought to and reserved by the Superior Court in New Haven County, Burpee, J'., upon the facts alleged in the complaint, for the advice of this court.
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Suit by the successor of the original testamentary trustee to determine his power and authority under a clause of the will of John Wolfe of Beacon Falls, deceased, brought to and reserved by the Superior Court in New Haven County, Burpee, J'., upon the facts alleged in the complaint, for the advice of this court. John Wolfe died, leaving a will dated May 16th, 1904, wherein, after making several bequests, he gave the remainder of his estate to Charles H. Pine in trust, the same to be divided into two equal parts, and as to the one which is here in question, he made certain provisions which…
1Opinion of the CourtThayer, J.
The plaintiff was appointed trustee to succeed Mr. Pine as testamentary^ trustee under the will of John Wolfe, pursuant to § 249 of the General Statutes. Neither the statute nor the general law authorizes the successors so appointed, of testamentary trustees, to exercise special discretionary powers founded upon personal confidence conferred by a testator upon the latter. Whitaker v. McDowell, 82 Conn. 195, 199, 72 Atl. 938; Pratt v. Stewart, 49 Conn. 339, 341. But powers conferred by the testator, which the testamentary trustee, if acting, would be required to execute, it is the duty of his…
2Cases cited7 opinions
- Russell v. HartleySupreme Court of Connecticut · 1910
- Sells v. DelgadoMassachusetts Supreme Judicial Court · 1904
- Security Co. v. SnowSupreme Court of Connecticut · 1898
- Whitaker v. McDowellSupreme Court of Connecticut · 1909
- Pratt v. StewartSupreme Court of Connecticut · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Deladson v. CrawfordSupreme Court of Connecticut · 1919
- Greenwich Trust Co. v. ConverseSupreme Court of Connecticut · 1923
- Hartford National Bank & Trust Co v. Oak Bluffs First Baptist ChurchSupreme Court of Connecticut · 1933
- Auchincloss v. City Bank Farmers Trust Co.Supreme Court of Connecticut · 1949
- Greenwich Trust Co. v. ConverseSupreme Court of Connecticut · 1923