Legal Opinion

Alsop v. Russell

Supreme Court of Connecticut

Decided February 15, 1871PublishedCited by 8 opinions

Petition brought to the Superior Court in Middlesex county by two of the executors of the will of S. Wadsworth Russell, late of Middletown, deceased, praying for a judicial construction of the will, and for advice in the execution of their trust.

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Petition brought to the Superior Court in Middlesex county by two of the executors of the will of S. Wadsworth Russell, late of Middletown, deceased, praying for a judicial construction of the will, and for advice in the execution of their trust. The will was as follows: “I, Samuel Wadsworth Russell, of Middletown, in the county of Middlesex, and State of Connecticut, being of a sound and disposing mind and memory, do make and ordain this my last will and testament. 1. I give and bequeath to my wife, Clara Alsop Russell, one-third of the personal estate of every nature and description, and…

1Opinion of the CourtFoster, J.

The petitioners allege that doubts have arisen as to the construction of several of the provisions of this will; *101they therefore invoke the aid and direction of the Superior Court to enable them to proceed safely in the distribution and settlement of this estate. Separate answers have been filed in behalf of the widow and children of the testator, they being all the parties in interest; the facts set forth in the bill have been found true by the court below, and the question what decree shall be passed reserved for the advice of this court.

The intent of the testator is sufficiently manifest in…

2Cases cited3 opinions

  1. Whittlesey v. FullerSupreme Court of Connecticut · 1836
  2. Phelps v. JepsonConnecticut Superior Court · 1769
  3. Sanford v. ButtonSupreme Court of Connecticut · 1810

3Cited by8 opinions

  1. Ziulkowski v. KolodziejSupreme Court of Connecticut · 1934
  2. Hughes v. Fairfield Lumber & Supply Co.Supreme Court of Connecticut · 1956
  3. Field v. FieldIllinois Supreme Court · 1921
  4. Radintz v. Northwestern National Bank & Trust Co.Supreme Court of Minnesota · 1940
  5. Pinney v. NewtonSupreme Court of Connecticut · 1895

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