Morgan v. Morgan
Supreme Court of Connecticut
MOTION for a new trial. This was an action of disseisin, for one undivided third part of a parcel of land in Waterford. The defendant pleaded tlie genera! issue; which, by agreement of the parties, was closed to the court. The issue was found for the plaintiff.
Read the full summary
MOTION for a new trial. This was an action of disseisin, for one undivided third part of a parcel of land in Waterford. The defendant pleaded tlie genera! issue; which, by agreement of the parties, was closed to the court. The issue was found for the plaintiff. The plaintiff claimed title to the demanded premises, as devisee, under the last will and testament of his father, John Morgan, deceased ; who, in 1764, by his will duly executed, and which was proved and approved áccording to law, after making provision for his wife, devised his real estate to his four sons, in manner following, viz.…
1Opinion of the Court
‘Edmowd, J.
(After stating the o.a«o.) The decision of this case rests on a fair construction of (lie will, governed by the plain and obvious intent of the testator, collected from all parts of it in connexion ; unless lh“ intent is opposed to some settled rule of law.
To my mind, the impression is irresistible, (hat the teslator, after a disposition of his whole est.de, and the provision for the payment of debts and funeral expences, as stated in the will, considering the disposition he had ¡nade, and what the state of things might be, in case either of his sons s hould die without children,…
2Cited by19 opinions
- Summers v. SmithIllinois Supreme Court · 1889
- Hudson v. WadsworthSupreme Court of Connecticut · 1831
- Strain v. SweenyIllinois Supreme Court · 1896
- Williams v. McConicoSupreme Court of Alabama · 1860
- Hartford National Bank & Trust Co. v. VonZiegesarSupreme Court of Connecticut · 1966
14 more not listed; retrieve them via the Exa API.