Bristol v. Bristol
Supreme Court of Connecticut
Suit for advice as to the construction of a will and as to the validity of certain bequests in it; brought to the Superior Court. The following facts were found by the court: Julius D. Bristol died on the 29th of August, 1884, possessed of a considerable estate, real and personal, and leaving a will, of which the following parts are important to the present case. He made his wife, Martha A. Bristol, his executrix: “ Item eleventh.
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Suit for advice as to the construction of a will and as to the validity of certain bequests in it; brought to the Superior Court. The following facts were found by the court: Julius D. Bristol died on the 29th of August, 1884, possessed of a considerable estate, real and personal, and leaving a will, of which the following parts are important to the present case. He made his wife, Martha A. Bristol, his executrix: “ Item eleventh. I hereby authorize and empower my executrix hereinafter named to disburse and give (in furtherance of my wishes expressed to her at sundry times,) from my estate to…
1Opinion of the CourtLoomis, J.
This case involves the construction of two clauses in the will of Julius D. Bristol and the question of their legality.
The eleventh clause of the will is as follows:
“ I hereby authorize and empower my executrix to disburse and give (in furtherance of my wishes expressed to her at sundry times) from my estate to such worthy persons and objects as she may deem proper, such sums as it is her pleasure thus to appropriate, not to exceed in all the total sum of five thousand dollars.”
Is this a valid gift ? It clearly is not a trust. There is no person or object named, or even hinted, as the cestui…
2Cases cited6 opinions
- Coit v. ComstockSupreme Court of Connecticut · 1884
- James v. JamesNew York Court of Chancery · 1833
- Greene v. DennisSupreme Court of Connecticut · 1826
- Sears v. PutnamMassachusetts Supreme Judicial Court · 1869
- White v. FiskSupreme Court of Connecticut · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Shannon v. EnoSupreme Court of Connecticut · 1935
- Bartlett v. SearsSupreme Court of Connecticut · 1908
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- Minot v. BakerMassachusetts Supreme Judicial Court · 1888
- Angus v. NobleSupreme Court of Connecticut · 1900
26 more not listed; retrieve them via the Exa API.