Legal Opinion

Terry's Appeal from Probate

Supreme Court of Connecticut

Decided January 6, 1896PublishedCited by 22 opinions

Appeal from certain orders and decrees of the Court of Probate for the district of Plymouth, taken to the Superior Court in Litchfield County and thence transferred by consent of the parties to the Superior Court in Hartford County, and tried to the court, Thayer, J.; facts found and judgment rendered in favor of the appellant, E. Clinton Terry, and appeal by the appellee, James Terry, for alleged errors in the rulings of the court.

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Appeal from certain orders and decrees of the Court of Probate for the district of Plymouth, taken to the Superior Court in Litchfield County and thence transferred by consent of the parties to the Superior Court in Hartford County, and tried to the court, Thayer, J.; facts found and judgment rendered in favor of the appellant, E. Clinton Terry, and appeal by the appellee, James Terry, for alleged errors in the rulings of the court. I. The decree granting administration with the will annexed to James Terry, was within the jurisdiction of the Court of Probate. The two facts necessary to give…

1Opinion of the CourtTorrance, J.

The facts in this case/upon which the decision of the principal question in it depends, are in substance the following:—

In April, 1871, James Terry, a resident of the town of Plymouth in this State, died, leaving a will in which he had appointed Allen and Adams to be his executors, but Adams had died before the testator. Shortly after Terry’s decease the will was duly presented for probate in the Court of Probate for the district of Plymouth, and on the 22d of April, 1871, was duly proved and approved as the last will of the deceased. The record of that court, after reciting the approval of…

2Cases cited3 opinions

  1. Griffith v. FrazierSupreme Court of the United States · 1814
  2. Smith's Appeal From ProbateSupreme Court of Connecticut · 1892
  3. State Ex Rel. Moriarty v. DonahueSupreme Court of Connecticut · 1909

3Cited by22 opinions

  1. Amodio v. AmodioSupreme Court of Connecticut · 1999
  2. Artman v. ArtmanSupreme Court of Connecticut · 1930
  3. Bailey v. MarsSupreme Court of Connecticut · 1952
  4. Misinonile v. MisinonileSupreme Court of Connecticut · 1983
  5. Tele Tech of Connecticut Corp. v. Department of Public Utility ControlSupreme Court of Connecticut · 2004

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