Irwin's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of the court of probate of the district of Danbury, approving the will of John W. Irwin, The case was tried to the jury in the superior court before Pardee, A,on a plea denying the validity of the will because-not attested by three witnesses as required by the statute.
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Appeal from a decree of the court of probate of the district of Danbury, approving the will of John W. Irwin, The case was tried to the jury in the superior court before Pardee, A,on a plea denying the validity of the will because-not attested by three witnesses as required by the statute. It appeared on the trial that the testator was domiciled at Danbury, in this state, at the time of his death, which occurred in 18úl, and that he left real and personal estate there, and that the will, which was dated December 5th, I860, was made at Branchport in the state of New York, where he was then…
1Opinion of the CourtButler, J.
We can not assent to the proposition that, irrespective of the statutes of 1856 and 1863, a will of personal estate, executed in another state according to the laws of that state but not of this, by a testator then domiciled there, who afterwards removed into this state and became domiciled and died here, is valid.
The disposition of property by will is peculiarly and necessarily a matter for local statutory regulation wherever the English common law prevails. The rules of that law which provided for and controlled such disposition were early found inadequate to protect a testator or his heirs…
2Cases cited1 opinion
- Marcy v. MarcySupreme Court of Connecticut · 1864
3Cited by16 opinions
- Hatheway v. SmithSupreme Court of Connecticut · 1907
- Bryan v. BigelowSupreme Court of Connecticut · 1905
- Ruef v. District Court of the Twelfth Judicial DistrictMontana Supreme Court · 1906
- Lindsay v. WilsonCourt of Appeals of Maryland · 1906
- Estate of BartonCalifornia Supreme Court · 1925
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