Bristol v. Atwater
Supreme Court of Connecticut
Suit for the settlement of the construction of a will; brought to the Superior Court. The plaintiff was a trustee under the will.
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Suit for the settlement of the construction of a will; brought to the Superior Court. The plaintiff was a trustee under the will. The complaint alleged that the testator, Charles Atwater, Sen., of the city of New Haven, died in January, 1866, leaving a large estate, both real and personal, and a will, duly executed, by which, after making provision for his widow and giving certain legacies, he directed that the residue of his estate be divided into five equal shares, of which he gave one each to his two sons Charles, Jr., and Henry. The will then proceeded as follows:— “ Fifth: One other…
1Opinion of the CourtPark, C. J.
The first question presented in this ease for our consideration and advice is, “whether Charles Atwater, Jr., is entitled to any portion of the trust fund created by the fifth section of the will of Charles Atwater, and if so, to what share thereof ? ”
The fifth section of the will is as follows: “ One other fifth part I give and devise to my executors in trust for my daughter, Sarah Denman, as follows, namely: to pay over semi-annually to said Sarah during her natural life, for her sole and separate use, the income which may arise from that portion; provided, if. said Sarah should, in the…
2Cases cited4 opinions
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Dunn v. SargentMassachusetts Supreme Judicial Court · 1869
- Morgan v. MorganSupreme Court of Connecticut · 1813
- Couch v. GorhamSupreme Court of Connecticut · 1814
3Cited by10 opinions
- Glover v. CondellIllinois Supreme Court · 1896
- Carpenter v. PerkinsSupreme Court of Connecticut · 1910
- Gaffney v. ShepardSupreme Court of Connecticut · 1928
- In re TwaddellDistrict Court, D. Delaware · 1901
- Ingersoll v. IngersollSupreme Court of Connecticut · 1904
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