Larabee v. Larabee
Supreme Court of Connecticut
AotioN for tbe partition of a certain tract of land; declaring, tbat tbey beld in sucb manner and proportion, as tbat tbe plaintiff bad right to have aparted and set out to bim one-third of said tract, and tbe defendant two-tbirds of said tract. Plea —■ Tbat tbe plaintiff and defendant did not bold in manner and proportion as set forth in tbe declaration. Issue to tbe court.
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AotioN for tbe partition of a certain tract of land; declaring, tbat tbey beld in sucb manner and proportion, as tbat tbe plaintiff bad right to have aparted and set out to bim one-third of said tract, and tbe defendant two-tbirds of said tract. Plea —■ Tbat tbe plaintiff and defendant did not bold in manner and proportion as set forth in tbe declaration. Issue to tbe court. The plaintiff produced tbe will of Nathaniel Larabee, dated tbe 31st of March, A. D. 1738, proved and approved June the 8th, A. D. 1741, which was in tbe words following, viz. “ I give to my wife Sarah, tbe whole of my…
1Opinion of the Court
An heir, is whoever by tbe laws of a country, bath right *556to inherit or succeed to an estate immediately upon tbe death of tbe owner; and is different as tbe law varies in different countries. In England, tbe eldest son succeeds to tbe real estate of bis parent, etc.— be is tbe ben-: In case there is no son, then all tbe daughters succeed to bis estate as co-parceners ■— they are tbe heir. In Connecticut, all tbe children both sons and daughters, succeed to tbe estate in equal shares, except tbe eldest son, who bath a double share. Here, therefore, all tbe children constitute tbe heir. Tbe…
2Cited by2 opinions
- Bennett v. MorrisSupreme Court of Pennsylvania · 1835
- Tingier v. ChamberlinSupreme Court of Connecticut · 1899