Legal Opinion

Selden's Appeal from Probate

Supreme Court of Connecticut

Decided September 15, 1863PublishedCited by 5 opinions

Appeal by the appellant, as administrator of tlie estate of Lyman H. Dickinson, from an allowance of a claim against his estate by commissioners ; tried in the superior court, before Me Curdy, J. The claim was presented against the estate in behalf of Susan Green, the minor daughter of Joel T. Green.

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Appeal by the appellant, as administrator of tlie estate of Lyman H. Dickinson, from an allowance of a claim against his estate by commissioners ; tried in the superior court, before Me Curdy, J. The claim was presented against the estate in behalf of Susan Green, the minor daughter of Joel T. Green. It was found by the court that on the 28th of January, 1858, Joel T. Green purchased a farm in Haddam with money belonging principally to his wife, Catherine B. Green; that for a temporary purpose, either as a cover from his creditors, or to pacify his wife’s friends for the time being, he caused…

1Opinion of the CourtDutton, J.

The record in this case, in consequence of that looseness and inaccuracy of pleading which unfortunately prevails to so great an extent in modern practice, presented an immaterial issue. The appellant, without alleging *551that the appellee was a minor, made the parents of the appellee parties to the appeal, for what reason it is not easy to conceive, as their individual rights could not possibly be affected by a decree in the case. He then alleges as the reason for the appeal, “ that the estate is not indebted to the said Susan Green, Joel T. Green and Catherine B. Green.” No issue was in fact…

2Cases cited5 opinions

  1. Hyde v. StoneNew York Supreme Court · 1831
  2. Kline v. BeebeSupreme Court of Connecticut · 1827
  3. Isaacs v. BoydSupreme Court of Alabama · 1837
  4. Genet v. TallmadgeNew York Court of Chancery · 1814
  5. Burk v. PhipsSupreme Court of Connecticut · 1793

3Cited by5 opinions

  1. Boardman v. BoardmanSupreme Court of Connecticut · 1948
  2. Sanford v. Van PeltSupreme Court of Missouri · 1926
  3. Johnson v. CalnanSupreme Court of Colorado · 1893
  4. Matthewson v. PerrySupreme Court of Connecticut · 1870
  5. Pacheco v. MelloWashington Supreme Court · 1926

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