Legal Opinion

Healy v. Healy

Supreme Court of Connecticut

Decided March 24, 1898PublishedCited by 11 opinions

Suit to determine the validity and construction of the will of Samuel A. Healy of Canton, deceased, brought to the Superior Court in Hartford County and reserved by that court, Shumway, J., upon a finding of facts, for the consideration and advice of this court.

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Suit to determine the validity and construction of the will of Samuel A. Healy of Canton, deceased, brought to the Superior Court in Hartford County and reserved by that court, Shumway, J., upon a finding of facts, for the consideration and advice of this court. Samuel L. Healy made his will on October 26th, 1896, and died January 1st, 1897. The will, which has been duly proved, is as follows: “ 1st. I give and bequeath to the two children of my nephew Bertrand (daughters), Edna and Sada, five hundred dollars each. 2d. I give and bequeath to the daughters of my deceased sister, Betsey Allen…

1Opinion of the CourtHameesley, J.

Some of the respondents in their answer allege certain facts as tending to show the circumstances under which the will was made, and the executors demurred to these allegations. Apparently this demurrer, although sustained by the court, is waived by the reservation; hut if not, we deem it unnecessary to pass upon the action of the court in sustaining the demurrer, as the facts averred, in view of the plain meaning of the will, could only serve to support a construction sufficiently clear without them.

The clauses we are asked to construe are valid. A bequest of “ the use of one-twentieth of…

2Cases cited1 opinion

  1. Jackson v. AlsopSupreme Court of Connecticut · 1896

3Cited by11 opinions

  1. New York Life Insurance & Trust Co. v. WinthropNew York Court of Appeals · 1923
  2. Union & New Haven Trust Co. v. AckermanSupreme Court of Connecticut · 1932
  3. Blakeslee v. PardeeSupreme Court of Connecticut · 1903
  4. Tingier v. WoodruffSupreme Court of Connecticut · 1911
  5. Harris v. IngallsSupreme Court of New Hampshire · 1907

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