Johnston v. Moeller
Supreme Court of Connecticut
Appeal from the denial, by the Court of Probate for the district of New Haven, of the plantiffs’ application for an order directing the executors and trustees under the will of Constand A. Moeller of New Haven, deceased, to reimburse and pay over to the plaintiffs a sum of money alleged to have been expended by them in protecting the estate of said decedent, and the interests of the remaindermen therein, from extortionate charges for fees made by said officials, — taken to…
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Appeal from the denial, by the Court of Probate for the district of New Haven, of the plantiffs’ application for an order directing the executors and trustees under the will of Constand A. Moeller of New Haven, deceased, to reimburse and pay over to the plaintiffs a sum of money alleged to have been expended by them in protecting the estate of said decedent, and the interests of the remaindermen therein, from extortionate charges for fees made by said officials, — taken to the Superior Court in New Haven County where a demurrer to the reasons of appeal was overruled {Gager, J.), and the cause…
1Opinion of the CourtMaltbie, J.
There is no occasion to correct the finding. The trial court has marked “proven” all the paragraphs of the request for a finding which the appellants ask to have inserted, and we have treated them as though they were actually incorporated in it. Radican v. Hughes, 86 Conn. 536, 86 Atl. 220. The paragraph of the finding which the appellants ask to have stricken out, states the final conclusion of the trial court; and the worst that could be said of it is that it should have been set out in a separate section. Practice Book (1908) p. 272, Form 2.
During the period covered by the trustees’…
2Cases cited11 opinions
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Frame v. PlumbWisconsin Supreme Court · 1909
- Price v. WinterSupreme Court of Florida · 1875
- Radican v. HughesSupreme Court of Connecticut · 1913
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3Cited by6 opinions
- Home Owners' Loan Corp. v. Sears, Roebuck & Co.Supreme Court of Connecticut · 1937
- Palmer v. Hartford National Bank & Trust Co.Supreme Court of Connecticut · 1971
- Katz v. CohnSupreme Court of Connecticut · 1937
- Erickson v. FooteSupreme Court of Connecticut · 1931
- Phillips v. MoellerSupreme Court of Connecticut · 1961
1 more not listed; retrieve them via the Exa API.