Bacon v. Bacon
Supreme Court of Connecticut
Civil action to recover of tbe defendant, as administrator witb the will annexed of one Priscilla B. Leach, certain moneys of which she had the possession and life use; brought to the Superior Court in Middlesex County. The plaintiff was administrator of Beriah N. Leach, her husband, who owned the moneys subject to her life use. The court (,Stoddard, Jl), sustained a plea in abatement and rendered judgment for the defendant, and the plaintiff appealed.
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Civil action to recover of tbe defendant, as administrator witb the will annexed of one Priscilla B. Leach, certain moneys of which she had the possession and life use; brought to the Superior Court in Middlesex County. The plaintiff was administrator of Beriah N. Leach, her husband, who owned the moneys subject to her life use. The court (,Stoddard, Jl), sustained a plea in abatement and rendered judgment for the defendant, and the plaintiff appealed. The points decided by this court will be sufficiently understood from the opinion, without a further statement of the case.
1Opinion of the CourtCarpenter, J.
The principal question discussed in this case is, whether an estate of a deceased person actually solvent, but which has been represented insolvent, and is being settled as an insolvent estate, is insolvent within the meaning of the statute which provides that suits brought against insolvent estates shall abate. But there is a question underlying that, and that is, whether this is an action brought against the estate within the meaning of the statute, or is an action against an administrator to recover property which is in his possession, and which he claims to hold in his official capacity,…
2Cited by2 opinions
- Bock v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1948
- State v. OsborneSupreme Court of Connecticut · 1897