Legal Opinion

Dalley v. City of New Haven

Supreme Court of Connecticut

Decided March 5, 1891PublishedCited by 46 opinions

Suit for an injunction against the declining, by the common council of the city, to accept and administer a testamentary trust under the will of Philip Marett; brought to the Superior Court in New Haven County. The defendants demurred to the complaint, and the case was reserved upon the demurrer for the advice of this court. The case is fully stated in the opinion.

1Opinion of the CourtSeymoub, J.

The will of Philip Marett, late of the city of New Haven, gives one fifth of the remainder of certain estate “ to the city of New Haven, to be held in trust by the proper authorities, and the income to be applied through such agencies as they see fit, for the supply of fuel and other necessaries to deserving indigent persons not paupers, preferring such as are aged or infirm.”

On the 10th day of June, 1890, acting upon the report to the court of common council of a committee to whom was referred “ the matter of the acceptance or rejection of the trust of $180,000 bequeathed to the city by…

2Cases cited8 opinions

  1. City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
  2. Whitney v. City of New HavenSupreme Court of Connecticut · 1890
  3. Webster v. Town of HarwintonSupreme Court of Connecticut · 1864
  4. Trustees of the Storrs Agricultural School v. WhitneySupreme Court of Connecticut · 1887
  5. Abendroth v. Town of GreenwichSupreme Court of Connecticut · 1860

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3Cited by46 opinions

  1. Shannon v. EnoSupreme Court of Connecticut · 1935
  2. Lackland v. WalkerSupreme Court of Missouri · 1899
  3. In re John's WillOregon Supreme Court · 1896
  4. State v. EricksonSupreme Court of Connecticut · 1926
  5. Mack's Appeal from ProbateSupreme Court of Connecticut · 1898

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