Legal Opinion

Jacobs v. Button

Supreme Court of Connecticut

Decided December 18, 1906PublishedCited by 23 opinions

Suit to determine the rights of the respective beneficiaries under the will of William Button of New Haven, deceased, brought to and tried by the Superior Court in New Haven County, Gteorge W. Wheeler, J. ; facts found and judgment rendered in favor of the respondent Clara J. Welton, and appeal by the other respondents and by the plaintiff.

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Suit to determine the rights of the respective beneficiaries under the will of William Button of New Haven, deceased, brought to and tried by the Superior Court in New Haven County, Gteorge W. Wheeler, J. ; facts found and judgment rendered in favor of the respondent Clara J. Welton, and appeal by the other respondents and by the plaintiff. The facts of record, so far as material to the questions of law presented by the appeal, are as follows:— On August 25th, 1903, William Button died, testate, leaving an' estate of considerable value. The heirs at law of Button were a sister and a brother,…

1Opinion of the CourtHamersley, J.

A will is the legal declaration "of intention as to the disposition of one’s property after death. To this intention, made known through the written declaration, the law gives effect, and so executes the testator’s will. Voluntatis nostrae justa sententia de eo, quod quis post mortem suam fieri velit. Pandects of Justinian, Ch. 28, 1; 2 Bl. Comm. 499. The condition of a testator’s property at the time his declaration of intention is made, as well as at the time it takes effect, may throw light upon the meaning and effect of the language used in expressing his intention, and for this purpose…

2Cases cited10 opinions

  1. Belfield v. BoothSupreme Court of Connecticut · 1893
  2. Baxter v. CampSupreme Court of Connecticut · 1898
  3. Beard, Appeal From ProbateSupreme Court of Connecticut · 1906
  4. Connecticut Trust & Safe Deposit Co. v. ChaseSupreme Court of Connecticut · 1903
  5. Crosby v. MasonSupreme Court of Connecticut · 1865

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3Cited by23 opinions

  1. Waterbury Trust Co. v. PorterSupreme Court of Connecticut · 1944
  2. Hatheway v. SmithSupreme Court of Connecticut · 1907
  3. Russell v. HartleySupreme Court of Connecticut · 1910
  4. Fidelity Title & Trust Co. v. YoungSupreme Court of Connecticut · 1924
  5. Connecticut Junior Republic v. Sharon HospitalSupreme Court of Connecticut · 1982

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