Smith's Appeal From Probate
Supreme Court of Connecticut
Appeal from a probate decree, refusing to approve the appointment of an executor named in a will, and appointing an administrator with, the will annexed; taken to the Superior Court in New Haven County. The court (Thayer, J".,) reversed the probate decree and the appellees appealed to this court. The case is fully stated in the opinion.
1Opinion of the CourtTorrahce, J.
Shortly after the will of one Bridget Smith had been admitted to probate, Bryan J. Smith, a son of the deceased, of full age and of average mental capacity, who was appointed executor by the will,'appeared before the probate court and offered to accept said trust, to qualify as such executor and to give bond as required by law. The court of probate found that he was not a fit person to execute the trust, refused to approve of his appointment as executor under the will, and thereupon, all of the next of kin having refused to accept the trust, appointed one Cassin as administrator with the will…
2Cases cited1 opinion
- Ayres v. WeedSupreme Court of Connecticut · 1844
3Cited by17 opinions
- Kidd v. BatesSupreme Court of Alabama · 1897
- Terry's Appeal from ProbateSupreme Court of Connecticut · 1896
- Appeal from Probate of BencivengaConnecticut Appellate Court · 1993
- Breen v. KehoeMichigan Supreme Court · 1905
- Welsh, Driscoll & Buck v. BuckUtah Supreme Court · 1925
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