Brewster v. McCall's devisees
Supreme Court of Connecticut
This was an appeal, by Dyer Brewster and others, heirs at law of Dyer McCall, deceased, and by The American Society for ameliorating the condition of the Jews, from a decree of the court of probate for the district of Norwich, making distribution of said McCall’s estate.
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This was an appeal, by Dyer Brewster and others, heirs at law of Dyer McCall, deceased, and by The American Society for ameliorating the condition of the Jews, from a decree of the court of probate for the district of Norwich, making distribution of said McCall’s estate. For many years prior to the 9th of March, 1826, Dyer McCall was a member and deacon of the Congregational church in Franklin, in the County of Neto London, under the pastoral care of the Rev. Dr. Nott, and so continued until his decease in 1838. On the 9th of March, 1826, he made and published his last will and testament, of…
1Opinion of the CourtStorrs, J.
The questions presented for our advice will be considered in the order in which they have been reserved.
1. Do the lands purchased by the testator subsequent to the execution of his will, or any of them, pass by the will, or do they descend to his heirs at law ?
It has long been the settled construction of the English statute of wills, that a devise of lands operates only on those lands which the testator owned at the time of executing and publishing his will, and that no after-purchased lands will pass under such devise, unless subsequent to the purchase, the de-visor re-publishes his will…
2Cases cited6 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Greene v. DennisSupreme Court of Connecticut · 1826
- Perkins v. PerkinsSupreme Court of Connecticut · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Price v. MaxwellSupreme Court of Pennsylvania · 1857
- Coit v. ComstockSupreme Court of Connecticut · 1884
- Moss v. HelsleyTexas Supreme Court · 1883
- Foote v. BrownSupreme Court of Connecticut · 1908
23 more not listed; retrieve them via the Exa API.