Shey's Appeal From Probate
Supreme Court of Connecticut
Appeal from an order and decree of the Court of Pro-hate for the district of Bridgeport refusing to allow the petitioner to qualify as a testamentary co-trustee, taken to the Superior Court in Fairfield County and tried to the court, Shumway, J.; facts found and judgment rendered in favor of the petitioner, and appeal by the respondent Tracy for alleged errors in the rulings of the court. The material parts of the will and codicils were as follows:— Will. “ First.
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Appeal from an order and decree of the Court of Pro-hate for the district of Bridgeport refusing to allow the petitioner to qualify as a testamentary co-trustee, taken to the Superior Court in Fairfield County and tried to the court, Shumway, J.; facts found and judgment rendered in favor of the petitioner, and appeal by the respondent Tracy for alleged errors in the rulings of the court. The material parts of the will and codicils were as follows:— Will. “ First. I direct that all my just debts and funeral expenses and expenses of setting gravestone and placing suitable inscription on…
1Opinion of the CourtBaldwin, J.
The testatrix made her “ executors hereinafter named” trustees for her infant great-granddaughter, and then named two executors, one (the appellant) being the father of this child. By a codicil she provided for the death of the child under age and without issue, giving in that event 1800 to the appellant. In a later codicil this legacy was revoked, and also the appointment of the appellant as an executor, a direction being added that the other whom she had named for that office should be the sole executor.
A will and its codicils, if there are any, are the expression of a single testamentary…
2Cases cited1 opinion
- Colt v. ColtSupreme Court of Connecticut · 1866
3Cited by7 opinions
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- Griffith v. AdamsSupreme Court of Connecticut · 1927
- Second National Bank of New Haven v. United StatesCourt of Appeals for the Second Circuit · 1965
- Rosenfeld v. FrankSupreme Court of Connecticut · 1988
- The Second National Bank Of New Haven v. United StatesCourt of Appeals for the Second Circuit · 1965
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