Plaut v. Plaut
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Joseph Plant of Norwich, deceased, brought to and reserved by the Superior Court in New London County, Rorabaclc, J., upon the facts stated in the complaint and answers, for the advice of this court. Joseph Plaut, late of Norwich, died January , 1905, leaving an estate consisting of both real and personal property and the will here for construction', which has been duly probated.
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Suit to determine the validity and construction of the will of Joseph Plant of Norwich, deceased, brought to and reserved by the Superior Court in New London County, Rorabaclc, J., upon the facts stated in the complaint and answers, for the advice of this court. Joseph Plaut, late of Norwich, died January , 1905, leaving an estate consisting of both real and personal property and the will here for construction', which has been duly probated. The body of the will reads as follows:— “ First. I direct that all my just debts and funeral expenses shall be paid by my executrix hereinafter named. “…
1Opinion of the CourtPrentice, J.
The testator, in the first part of the second paragraph of his will, uses language which, standing alone, would have been effective to give his eight children all of his property: the real estate in fee simple and the personalty absolutely. This paragraph, however, does not stop with the language noticed. Connected with it in the same sentence by a suggestive “ but, ” and in immediately following sentences, are further expressions used by the testator in his attempt to declare his testamentary purpose. It is urged that thé effect of what is here found is to cut down the gift apparently made…
2Cases cited10 opinions
- Colton v. ColtonSupreme Court of the United States · 1888
- Leake v. WatsonSupreme Court of Connecticut · 1891
- Hughes v. FitzgeraldSupreme Court of Connecticut · 1905
- Bristol v. AustinSupreme Court of Connecticut · 1873
- Harper v. PhelpsSupreme Court of Connecticut · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ryder v. LyonSupreme Court of Connecticut · 1912
- Cumming v. PendletonSupreme Court of Connecticut · 1931
- Clark v. BakerSupreme Court of Connecticut · 1917
- Simmons v. SimmonsSupreme Court of Connecticut · 1923
- Hills v. HartSupreme Court of Connecticut · 1950
2 more not listed; retrieve them via the Exa API.