Nettleton v. Nettleton
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate for the district of Norfolk, making distribution of the estate of Titus Nettleton, deceased. On the 2d day of April 1844, Titus Nettleton made his last will and testament; and died, on the 6th day of January 1845. By this will, the testatorgave to his son, Joseph Nettle-ton, a large part of his estate, being of the value of nearly 2000 dollars.
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This was an appeal from a decree of the court of probate for the district of Norfolk, making distribution of the estate of Titus Nettleton, deceased. On the 2d day of April 1844, Titus Nettleton made his last will and testament; and died, on the 6th day of January 1845. By this will, the testatorgave to his son, Joseph Nettle-ton, a large part of his estate, being of the value of nearly 2000 dollars. To his other children he made the following devises and bequests : To his daughter, Almira Mills, a note for 300 dollars, against Irad Mills, secured by mortgage on his land and buildings. To his…
1Opinion of the CourtHinman, J.
The court of probate, in finding the advancements , which Titus Nettleton, deceased, had made to his chil*545dren, ⅛ his life-time, preparatory to ordering a distribution of his intestate estate, treated certain specific legacies and devi- - ses to .said children, as advanced portions ; and thereupon ordered said estate to be distributed, upon the basis of making, all his children equal sharers in the whole estate, testate and intestate.
This was erroneous. The effect of it was, to distribute the estate precisely as if no will had been made : and such would be the effect, in all cases, where the…
2Cited by4 opinions
- Wilson v. WilsonSupreme Court of Alabama · 1860
- Brewer's Administrator v. BrewerCourt of Appeals of Kentucky · 1918
- McCormick v. HanksSupreme Court of Iowa · 1898
- Russell v. BelcherSupreme Judicial Court of Maine · 1884