Fortune v. Buck
Supreme Court of Connecticut
This was a petition for a partition of certain real estate, to which the plaintiff claimed title, as co-heir, with Winthrop Buck and others, of Martha Bulkley, deceased. Upon the trial of the cause, the court found the following facts.
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This was a petition for a partition of certain real estate, to which the plaintiff claimed title, as co-heir, with Winthrop Buck and others, of Martha Bulkley, deceased. Upon the trial of the cause, the court found the following facts. Said Martha died, on the sixteenth day of October, 1845, seized, in fee simple, of the premises in question, and leaving a last will and testament, containing the following devise of the premises in question, to the defendant, Buck: “ I give and devise to Winthrop Buck, of Wethersfield, my Buck lot in Hartford meadow.” Said will was duly approved by a decree of…
1Dissent
Storrs, and Hinman, J’s,
dissented. They were of opinion, 1. That, by the just construction of the third section of our statute of wills, as it existed at the time of the making of the will of Martha Bulkley, the “ heir at law of the testator,” mentioned in the proviso therein, meant only such an heir as would have inherited what was devised or bequeathed to him by the will, and to whom, therefore, it was indifferent, whether he took it by the devise, or by inheritance. 2. That a devise or bequest to the husband or wife of a witness to a will, is equally void, as if it were made to the…
2Cases cited2 opinions
- Jackson ex dem. Cooder v. WoodsNew York Supreme Court · 1799
- Jackson ex dem. Beach v. DurlandNew York Supreme Court · 1801