Legal Opinion

Johnes v. Jackson

Supreme Court of Connecticut

Decided November 22, 1895PublishedCited by 13 opinions

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

  1. Morris v. SmithTennessee Supreme Court · 1849
  2. Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
  3. Foster v. WadeCourt of Appeals of Kentucky · 1863
  4. Marcy v. MarcySupreme Court of Connecticut · 1864
  5. Irwin's Appeal from ProbateSupreme Court of Connecticut · 1865

4 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Dunham v. DunhamSupreme Court of Connecticut · 1987
  2. In Re Proving the Will of HortonNew York Court of Appeals · 1916
  3. State v. BlakeSupreme Court of Connecticut · 1897
  4. Blodgett v. Bridgeport City Trust Co.Supreme Court of Connecticut · 1932
  5. Hall v. HallSupreme Court of Connecticut · 1917

8 more not listed; retrieve them via the Exa API.

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