Allen v. Almy
Supreme Court of Connecticut
Suit to determine the validity and construction of certain provisions in the will of Lorenzo Blackstone of Norwich, deceased, brought to and reserved by the Superior Court in New London County, Shumway, J upon the facts alleged in the complaint, for the advice of this court.
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Suit to determine the validity and construction of certain provisions in the will of Lorenzo Blackstone of Norwich, deceased, brought to and reserved by the Superior Court in New London County, Shumway, J upon the facts alleged in the complaint, for the advice of this court. Lorenzo Blackstone, late of Norwich, died in 1888, leaving a widow and five children, to wit, J. DeTrafford, William N., Louis L., Frances E., married to Frederick J. Huntington, and Harriet, married to Frederick S. Camp. By his will he disposed of all the residue and remainder of his estate, after the satisfaction of…
1Opinion of the CourtPrentice, C. J.
“The law favors vested estates.” Connecticut Trust & Safe Deposit Co. v. Hollister, 74 Conn. 228, 231, 50 Atl. 750; Carpenter v. Perkins, 83 Conn. 11, 17, 74 Atl. 1062. “If two modes of construction are fairly open, one of which will turn a bequest into an illegal perpetuity, while by following the other it will be valid and operative, the latter mode must be preferred.” Wolfe v. Hatheway, 81 Conn. 181, 185, 70 Atl. 645; Nicoll v. Irby, 83 Conn. 530, 534, 77 Atl. 957. “The word heirs in its primary meaning, designates those who in the absence of a will are by law entitled to inherit the real…
2Cases cited17 opinions
- Delafield v. . ShipmanNew York Court of Appeals · 1886
- Wolfe v. HathewaySupreme Court of Connecticut · 1908
- Griswold v. JohnsonSupreme Court of Connecticut · 1824
- Carpenter v. PerkinsSupreme Court of Connecticut · 1910
- Connecticut Trust & Safe Deposit Co. v. HollisterSupreme Court of Connecticut · 1901
12 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- In Re the Will of HornerNew York Court of Appeals · 1924
- Shannon v. EnoSupreme Court of Connecticut · 1935
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- White v. SmithSupreme Court of Connecticut · 1914
- Close v. BenhamSupreme Court of Connecticut · 1921
35 more not listed; retrieve them via the Exa API.