Hatheway v. Smith
Supreme Court of Connecticut
Appeal from an order of distribution by the Court of Probate for the district of Windham, taken to and reserved by the Superior Court in Windham County, Robinson, J., upon a finding of facts, for the advice of this court. The facts appearing in the record which are material to the decision in this case are as follows :— Roxey Foss of Willimantic died November 12th, 1902. Her heirs at law were two sisters and the children of another sister.
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Appeal from an order of distribution by the Court of Probate for the district of Windham, taken to and reserved by the Superior Court in Windham County, Robinson, J., upon a finding of facts, for the advice of this court. The facts appearing in the record which are material to the decision in this case are as follows :— Roxey Foss of Willimantic died November 12th, 1902. Her heirs at law were two sisters and the children of another sister. An instrument in writing, of which the following is a copy, was presented for probate in the Court of Probate for the district of Windham on December 11th,…
1Opinion of the CourtHamersley, J.
The decree of the Court of Prohate of December 19th, 1902 (subsequently confirmed by the Superior Court), may have determined only the admissibility to probate of an express written revocation of all former wills executed with the formalities prescribed for the execution of a will, and does not foreclose the question raised at the hearing before the Court of Probate upon the. order of distribution, and before the Superior Court upon appeal from that order, and presented to us by this reservation. That question is: Does the writing thus admitted to probate contain any devise or bequest by…
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