Butler v. Flint
Supreme Court of Connecticut
Appeal from two orders and decrees of the Court of Probate for the district of New Haven determining the distributees of certain testamentary funds and directing their distribution accordingly, taken by the plaintiff to and reserved by the Superior Court in New Haven County, Case, J., upon an agreed statement of facts, for the advice of this court. Samuel R. Hotchkiss, of New Haven, died October 30th, 1844, without issue.
Read the full summary
Appeal from two orders and decrees of the Court of Probate for the district of New Haven determining the distributees of certain testamentary funds and directing their distribution accordingly, taken by the plaintiff to and reserved by the Superior Court in New Haven County, Case, J., upon an agreed statement of facts, for the advice of this court. Samuel R. Hotchkiss, of New Haven, died October 30th, 1844, without issue. He was survived by his widow, Sarah Hotchkiss, and his next of kin and heirs-at-law were his brother Horace R. Hotchkiss, now deceased, and Harriet E. H. Keep, daughter of a…
1Opinion of the CourtPrentice, C. J.
The property now in the hands of the Trust Company as administrator and trustee, in the form of cash awaiting distribution to its ultimate owners, represents that given to Sarah Y. H. Butler by the ninth and eleventh paragraphs of the will, and confessedly is to be distributed as the property so given would have been if it had not been converted.
The gifts made in these paragraphs in Sarah Butler’s favor are undeniably absolute or in fee, subject to the use of the testator’s widow long since terminated by her death. Were there no codicil, the two funds now involved, standing as they do in the…
2Cases cited5 opinions
- St. John v. DannSupreme Court of Connecticut · 1895
- Johnes v. BeersSupreme Court of Connecticut · 1889
- Lawlor v. HolohanSupreme Court of Connecticut · 1897
- Chesebro v. PalmerSupreme Court of Connecticut · 1896
- Webb v. LinesSupreme Court of Connecticut · 1888
3Cited by5 opinions
- Middletown Trust Co. v. GaffeySupreme Court of Connecticut · 1921
- Trowbridge v. TrowbridgeSupreme Court of Connecticut · 1941
- Reaney v. WallSupreme Court of Connecticut · 1948
- Holmes v. Connecticut Trust & Safe Deposit Co.Supreme Court of Connecticut · 1918
- Hartford-Connecticut Trust Co. v. LawrenceSupreme Court of Connecticut · 1927