Sumner v. Westcott
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Harriet N. Sawyer of Hartford, deceased, brought to and reserved by the Superior Court in Hartford County, Curtis, J., upon the facts alleged in the complaint, for the advice of this court. Harriet N. Sawyer, late of Hartford, died January 26th, 1895, leaving both real and personal estate and a will containing the following clause:— “Third.
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Suit to determine the validity and construction of the will of Harriet N. Sawyer of Hartford, deceased, brought to and reserved by the Superior Court in Hartford County, Curtis, J., upon the facts alleged in the complaint, for the advice of this court. Harriet N. Sawyer, late of Hartford, died January 26th, 1895, leaving both real and personal estate and a will containing the following clause:— “Third. I direct that all my real estate, wherever situated, subject to any encumbrances thereon, be disposed of as follows: (1) I give, devise and bequeath the use and income of all said real estate…
1Opinion of the CourtPrentice, J.
The devise to Charles B. Baldwin of a life estate in succession to his father is valid. Any invalidity of the limitation over after his death, being an entirely independent and separable matter, would not defeat the preceding life estate devised to him. Bartlett v. Sears, 81 Conn. 34, 41, 70 Atl. 33; Buck v. Lincoln, 76 Conn. 149, 151, 56 Atl. 522; Johnson v. Webber, 65 Conn. 501, 512, 514, 33 Atl. 506; Andrews v. Rice, 53 Conn. 566, 573, 5 Atl. 823.
The limitation over, contained in division three of the clause under consideration, is not void as contravening the statute against perpetuities…
2Cases cited5 opinions
- Bartlett v. SearsSupreme Court of Connecticut · 1908
- Thomas v. CastleSupreme Court of Connecticut · 1904
- Andrews v. RiceSupreme Court of Connecticut · 1886
- Johnson v. WebberSupreme Court of Connecticut · 1895
- Buck v. LincolnSupreme Court of Connecticut · 1903
3Cited by11 opinions
- Allen v. AlmySupreme Court of Connecticut · 1913
- Shepard v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1927
- Rozell v. RozellMichigan Supreme Court · 1922
- Holmes v. Connecticut Trust & Safe Deposit Co.Supreme Court of Connecticut · 1918
- Warren v. DuvalSupreme Court of Connecticut · 1938
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