Ingersoll v. Ingersoll
Supreme Court of Connecticut
Suit to determine the construction of .the will of Harriet Voorhees of New Haven, deceased, brought to and reserved by the Superior Court in New Haven County, George W. Wheeler, J., upon the facts stated in the complaint, for the advice of this court.
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Suit to determine the construction of .the will of Harriet Voorhees of New Haven, deceased, brought to and reserved by the Superior Court in New Haven County, George W. Wheeler, J., upon the facts stated in the complaint, for the advice of this court. The clause in question related to part of the residuary estate, which consisted wholly of personal property, and read as follows: — “ The remaining third part I give, devise, and bequeath to my niece, Mary I. Linzee, to be by her used and enjoyed during her natural life, and upon her decease I give, devise, and bequeath the same to my nephew,…
1Opinion of the CourtBaldwin, J.
The will before us creates an executory devise in favor of Charles R. Ingersoll, his enjoyment of which was dependent upon his surviving Miss Linzee, and an executory devise in favor of Suzette L. and Justine H. Ingersoll, whose enjoyment of which would be defeated by his surviving her.
Executory devises of personal property and contingent remainders are governed by the same rules, so far as concerns their alienation or transmission. 2 Redfield on Wills, *271; St. John v. Dann, 66 Conn. 401, 409. Upon the death of one in whose favor either may have been created, although the contingency has not…
2Cases cited5 opinions
- Austin v. BristolSupreme Court of Connecticut · 1873
- St. John v. DannSupreme Court of Connecticut · 1895
- Johnson v. EdmondSupreme Court of Connecticut · 1895
- Medley v. MedleySupreme Court of Virginia · 1886
- Bristol v. AtwaterSupreme Court of Connecticut · 1882
3Cited by11 opinions
- Allen v. AlmySupreme Court of Connecticut · 1913
- Cole v. ColeIllinois Supreme Court · 1920
- Carpenter v. PerkinsSupreme Court of Connecticut · 1910
- Perry v. BulkleySupreme Court of Connecticut · 1909
- Gaffney v. ShepardSupreme Court of Connecticut · 1928
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