Wolfe v. Hatheway
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Amanda B. Trulock of Bridgeport, deceased, brought to and reserved by the Superior Court in Fair-field County, Case, J., upon an agreed finding of facts, for the advice of this court.
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Suit to determine the validity and construction of the will of Amanda B. Trulock of Bridgeport, deceased, brought to and reserved by the Superior Court in Fair-field County, Case, J., upon an agreed finding of facts, for the advice of this court. Amanda B. Trulock, late of Bridgeport, died August 20th, 1891, leaving a considerable estate, both real and personal, a will executed March 13th, 1883, and a codicil thereto executed November 23d, 1889, both duly probated.- She was survived by four sons, Nichols B., J. Burton, James H., and Marshall S., who, with Clara T. Hatheway, a daughter of a…
1Opinion of the CourtPrentice, J.
The questions presented arise out of the ambiguous language which the testatrix used in the in-artificially framed codicil to her will. The principles which are to be observed in interpreting the instrument are familiar ones. The cardinal rule is that the intent of the testator is to be sought after and carried into effect, if that intent can be discovered, has been sufficiently expressed, and is not contrary to some positive rule of law. Allyn v. Mather, 9 Conn. 114, 125; Mathewson v. Saunders, 11 id. 144, 149; Jackson v. Alsop, 67 id. 249, 252, 34 Atl. 1106; Chesebro v. Palmer, 68 Conn.…
2Cases cited18 opinions
- Woodruff v. MarshSupreme Court of Connecticut · 1893
- Gold v. JudsonSupreme Court of Connecticut · 1852
- Jackson v. AlsopSupreme Court of Connecticut · 1896
- Weed v. ScofieldSupreme Court of Connecticut · 1901
- St. John v. DannSupreme Court of Connecticut · 1895
13 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Allen v. AlmySupreme Court of Connecticut · 1913
- Hoadley v. BeardsleySupreme Court of Connecticut · 1915
- Russell v. HartleySupreme Court of Connecticut · 1910
- Shepard v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1927
- Nicoll v. IrbySupreme Court of Connecticut · 1910
31 more not listed; retrieve them via the Exa API.