Goodwin v. Chaffee
Supreme Court of Connecticut
This was an action of assumpsit for a legacy. The declaration stated, that Rebecca Griswold, of Windsor, on the 6th day of March, 1819, made her last will and testament, and therein gave to the plaintiff the sum of 1000 dollars, to be paid to her in two years from the death of the testatrix ; that on the 12th day of April, 1819, the testatrix died; that that on the 23d day of April, 1819, the defendant was duly appointed administrator of her estate; and, the will being…
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This was an action of assumpsit for a legacy. The declaration stated, that Rebecca Griswold, of Windsor, on the 6th day of March, 1819, made her last will and testament, and therein gave to the plaintiff the sum of 1000 dollars, to be paid to her in two years from the death of the testatrix ; that on the 12th day of April, 1819, the testatrix died; that that on the 23d day of April, 1819, the defendant was duly appointed administrator of her estate; and, the will being proved and established, he immediately afterwards took upon himself the trust under the will, and received into his…
1Opinion of the Court
Hosmer, Ch. J.
If there exists a liability on the executor, by reason of his having assets, an action of assumpsit, founded *166on an implied promise, in my opinion, is maintainable against him for a legacy.
But when the personal estate has been exhausted, as in this case it was, and resort must be had to realty, it becomes an important question, whether, for the payment of a legacy, the court of probate has authority to order the sale of real estate. On this point, the case before the court must turn. For the “debts and charges” against the estate, the law has imparted this authority; and, of…
2Cited by7 opinions
- Colt v. ColtSupreme Court of Connecticut · 1865
- Adams v. SpaldingSupreme Court of Connecticut · 1837
- First Trust Co. of Omaha v. AllenCourt of Appeals for the Eighth Circuit · 1932
- Knapp v. HanfordSupreme Court of Connecticut · 1826
- Cranley v. SchirmerConnecticut Superior Court · 1967
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