Rand v. Butler
Supreme Court of Connecticut
Bul in equity to open a decree passed by the Superior Court giving a construction to a will, and praying for a new hearing of the matter; brought to the Superior Court in New London county. The will in question was that of John A. Fulton, formerly of the city of New London, who died in 1844. The will contained three devises and legacies to trustees for the benefit of his grandson, Thomas Bradley, which were all in the same terms, except as to the property given by them.
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Bul in equity to open a decree passed by the Superior Court giving a construction to a will, and praying for a new hearing of the matter; brought to the Superior Court in New London county. The will in question was that of John A. Fulton, formerly of the city of New London, who died in 1844. The will contained three devises and legacies to trustees for the benefit of his grandson, Thomas Bradley, which were all in the same terms, except as to the property given by them. The first one was as follows : “ I give, devise and bequeath the land and house belonging to me, situated at the corner of…
1Opinion of the CourtPark, C. J.
The question in this case is, whether the expression “ to my heirs-at-law ” in the three devises and legacies in trust for Thomas Bradley, means the heirs-at-law *298of the testator at the time of his own death or his heirs-at-law at the time of the death of Bradley. Those who contend for the latter construction claim that by clear implication Bradley is excluded from the class who take as heirs, although a grandson of the testator, and at the death of the latter his sole living issue and heir; for if he were to be in- ' eluded among the heirs-at-law he would, by his legal representatives, take…
2Cases cited3 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Gold v. JudsonSupreme Court of Connecticut · 1852
- Jocelyn v. NottSupreme Court of Connecticut · 1876
3Cited by27 opinions
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Leake v. WatsonSupreme Court of Connecticut · 1891
- Close v. BenhamSupreme Court of Connecticut · 1921
- Himmel v. HimmelIllinois Supreme Court · 1920
- Harrison v. WeatherbyIllinois Supreme Court · 1899
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