Lockwood's Appeal from Probate
Supreme Court of Connecticut
Appeal from an order of a court of probate distributing the estate of Joseph R. Andrews, deceased, taken to the Superior Court in Fairfield County. The distributees were legatees under the will of the deceased, and their rights depended upon the construction of the will. If the legatees took per stirpes the appellant was entitled to half the estate; if per capita to only one third.
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Appeal from an order of a court of probate distributing the estate of Joseph R. Andrews, deceased, taken to the Superior Court in Fairfield County. The distributees were legatees under the will of the deceased, and their rights depended upon the construction of the will. If the legatees took per stirpes the appellant was entitled to half the estate; if per capita to only one third. The court of probate held that the legatees took per capita and ordered a distribution of only one third to the appellant, and she took an appeal from the decree. The Superior Court reserved the question for the…
1Opinion of the CourtCarpenter, J.
The testator, after making provision for his wife, disposed of his property as follows:—“ After the decease of my said wife, I give, devise and bequeath all my estate, wherein the use is herein above given to my said wife as aforesaid, to the children of my nephew, James S. Andrews, who shall be living at the decease of my said wife if she survive me, and, if she do not survive me, then to such children of said James S. Andrews as shall be living at my own decease, and to the children of my niece, Mary E. Coley, who shall be living at the decease of my said wife, if my said wife shall survive…
2Cases cited6 opinions
- Gold v. JudsonSupreme Court of Connecticut · 1852
- Lyon v. AckerSupreme Court of Connecticut · 1866
- Bond's Appeal from ProbateSupreme Court of Connecticut · 1862
- Raymond v. HillhouseSupreme Court of Connecticut · 1878
- Talcott v. TalcottSupreme Court of Connecticut · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Stamford Trust Co. v. LockwoodSupreme Court of Connecticut · 1922
- Cole v. BaileyCourt of Appeals of Maryland · 1958
- Pease v. CornellSupreme Court of Connecticut · 1911
4 more not listed; retrieve them via the Exa API.