Legal Opinion

Hughes v. Fitzgerald

Supreme Court of Connecticut

Decided May 12, 1905PublishedCited by 16 opinions

Suit to determine the validity and construction of the will of Patrick Fitzgerald of New Haven, deceased, brought to and reserved by the Superior Court in New Haven County, Robinson, J., upon an agreed statement of facts, for the advice of this court.

1Opinion of the CourtHall, J.

Patrick Fitzgerald of New Haven died in 1864, leaving a widow, now deceased, and four children: Mary, then thirty-five years of age, Johanna twenty-eight, Elizabeth twenty-three, and a son John. Mary and John have since died; and Johanna (now Johanna Canning) and Elizabeth, the former both individually and as executrix of the will of her sister Mary, are the only persons interested in the property in controversy.

The provisions of the will of Patrick Fitzgerald material to the questions in this case are the following: “ I give, bequeath, and devise all the rest, residue, and remainder of all…

2Cases cited3 opinions

  1. Colton v. ColtonSupreme Court of the United States · 1888
  2. Bristol v. AustinSupreme Court of Connecticut · 1873
  3. Dexter v. EvansSupreme Court of Connecticut · 1893

3Cited by16 opinions

  1. Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
  2. Russell v. HartleySupreme Court of Connecticut · 1910
  3. Peyton v. WehrhaneSupreme Court of Connecticut · 1939
  4. Ryder v. LyonSupreme Court of Connecticut · 1912
  5. Loomis Institute v. HealySupreme Court of Connecticut · 1922

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