Johnes v. Jackson
Supreme Court of Connecticut
Action of scire facias to recover the amount of a judgment rendered against one Charles R. Alsop, in which suit the defendant was garnishee; brought to the Superior Court in Middlesex County and tried to the court, Shumway, J.; facts found and case reserved for the advice of this court. The case is sufficiently stated in the opinion. I. The bare possibility of receiving a legacy from, or share in the estate of, a living person, is not property.
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Action of scire facias to recover the amount of a judgment rendered against one Charles R. Alsop, in which suit the defendant was garnishee; brought to the Superior Court in Middlesex County and tried to the court, Shumway, J.; facts found and case reserved for the advice of this court. The case is sufficiently stated in the opinion. I. The bare possibility of receiving a legacy from, or share in the estate of, a living person, is not property. It cannot ■be assigned, for there is nothing in existence to assign. Dart v. Dart, 7 Conn., 250; Smith v. Pendell, 19 id., 107, 111; Comstock v. Gay,…
1Opinion of the CourtAndrews, C. J.
This is an action of scire facias. The controlling facts are as follows:—
■Clara P. AÍso’p died on the 28th day of'February, 1894, leav*87ing a last will and testament, in which she appointed the present defendant her executor, and named Charles R. Alsop a legatee. The estate of the said testatrix consisted partly of real estate and partly of personal property.
On the 5th day of March, 1894, the present plaintiff brought a suit against said Charles R. Alsop, in the Superior Court in Middlesex County, demanding $4,000 damages, and caused the interest of the said Charles R. in the estate of the said…
2Cases cited9 opinions
- Morris v. SmithTennessee Supreme Court · 1849
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
- Foster v. WadeCourt of Appeals of Kentucky · 1863
- Marcy v. MarcySupreme Court of Connecticut · 1864
- Irwin's Appeal from ProbateSupreme Court of Connecticut · 1865
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3Cited by13 opinions
- Dunham v. DunhamSupreme Court of Connecticut · 1987
- In Re Proving the Will of HortonNew York Court of Appeals · 1916
- State v. BlakeSupreme Court of Connecticut · 1897
- Blodgett v. Bridgeport City Trust Co.Supreme Court of Connecticut · 1932
- Hall v. HallSupreme Court of Connecticut · 1917
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