Thomas v. Castle
Supreme Court of Connecticut
Suit to determine the construction of the will of Orlando Lewis of Roxbury, deceased, brought to and reserved by the Superior Court in Litchfield County, Elmer, J., upon a finding of facts, for the advice of this court. The testator died in 1890, possessed of both real and personal estate not ancestral. His will, duly probated, after providing for the payment of his debts, funeral expenses, and certain legacies, contained the following pertinent provisions:— ‘ ‘ Fourth.
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Suit to determine the construction of the will of Orlando Lewis of Roxbury, deceased, brought to and reserved by the Superior Court in Litchfield County, Elmer, J., upon a finding of facts, for the advice of this court. The testator died in 1890, possessed of both real and personal estate not ancestral. His will, duly probated, after providing for the payment of his debts, funeral expenses, and certain legacies, contained the following pertinent provisions:— ‘ ‘ Fourth. All the remainder of my property of every description, both real and personal, of whatsoever the same may consist, or…
1Opinion of the CourtPrentice, J.
This will creates an estate for fife for the benefit of William E. Lewis. Its language plainly limits the trust estate to one for the beneficiary’s fife. There are no words appropriate to a gift absolute or in fee, which subsequent provisions attempt to limit, cut down, or condition. The gifts over which are contained in the sixth paragraph, assuming them to be operative and valid, are, in so far as they relate to realty, contingent remainders. Both gifts de pend upon events which may never happen. The right to enjoy the remainder estate, whether in the present or future, is wholly uncertain…
2Cases cited6 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- Gold v. JudsonSupreme Court of Connecticut · 1852
- Rand v. ButlerSupreme Court of Connecticut · 1880
- Hudson v. WadsworthSupreme Court of Connecticut · 1831
- Farnam v. FarnamSupreme Court of Connecticut · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
- Allen v. AlmySupreme Court of Connecticut · 1913
- Close v. BenhamSupreme Court of Connecticut · 1921
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
19 more not listed; retrieve them via the Exa API.