Legal Opinion

Ruggles v. Randall

Supreme Court of Connecticut

Decided November 30, 1897PublishedCited by 23 opinions

Suit to determine the validity and construction of the will of Thomas J. Ridgway of Norwich, deceased, brought to the Superior Court in New London County and reserved by that court, Shumway, J., upon the allegations of the complaint and answers, for the consideration and advice of this court.

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Suit to determine the validity and construction of the will of Thomas J. Ridgway of Norwich, deceased, brought to the Superior Court in New London County and reserved by that court, Shumway, J., upon the allegations of the complaint and answers, for the consideration and advice of this court. The material portions of the will were as follows: — “ Item 1. I give and bequeath to the children of my late niece Catherine Randall, now deceased, who was the wife of John P. Randall of Pittston, Pennsylvania, the sum of Eight Hundred Dollars ($800) to be equally divided between them to share and share…

1Opinion of the CourtBaldwin, J.

The legacy to the heirs of the testator’s deceased niece, Minerva Ennis, was a class gift which vested *48upon Ms decease in her descendants who were then living, per stirpes. The will, like every other, is to be read as if executed at the moment of the testator’s death. Whoever were, at that time, her heirs, in the sense in wlrich he employed that word, are to take, without regard to whether they did or did not answer that description at her decease. Gold v. Judson, 21 Conn. 616, 623.

The word “ heirs,” in its strict and primary meaning, signifies those entitled by law to inherit by descent the…

2Cases cited5 opinions

  1. Leake v. WatsonSupreme Court of Connecticut · 1891
  2. Gold v. JudsonSupreme Court of Connecticut · 1852
  3. Mullen v. ReedSupreme Court of Connecticut · 1894
  4. Cook v. CatlinSupreme Court of Connecticut · 1856
  5. Morris v. BollesSupreme Court of Connecticut · 1894

3Cited by23 opinions

  1. In Re the Accounting of EvansNew York Court of Appeals · 1922
  2. Dollander v. DhaemersIllinois Supreme Court · 1921
  3. Wolfe v. HathewaySupreme Court of Connecticut · 1908
  4. Carpenter v. PerkinsSupreme Court of Connecticut · 1910
  5. Downing v. NicholsonSupreme Court of Iowa · 1902

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