Legal Opinion

Rockwell v. Bradshaw

Supreme Court of Connecticut

Decided November 22, 1895PublishedCited by 16 opinions

Suit to determine the construction of the will of Henry Wright of England, deceased, brought to the Superior Court in Hartford County, and tried to the court, Thayer, J.; facts found and judgment rendered in favor of the next of kin, and appeal by the respondents Edward and Sarah Bradshaw, for alleged errors in the rulings of court. The testator was an Englishman, who had formerly lived in this country, and died possessed of personal estate in this State.

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Suit to determine the construction of the will of Henry Wright of England, deceased, brought to the Superior Court in Hartford County, and tried to the court, Thayer, J.; facts found and judgment rendered in favor of the next of kin, and appeal by the respondents Edward and Sarah Bradshaw, for alleged errors in the rulings of court. The testator was an Englishman, who had formerly lived in this country, and died possessed of personal estate in this State. His will, after referring to such estate, contained a clause appointing the plaintiff, and John B. Talcott who renounced the trust,…

1Opinion of the CourtBaldwin, J.

The testator sought to provide for the distribution of his American funds among his American relatives through an American administration, and of his English estate among his English relatives through an English administration. By his surviving one of those to whom a share of his residuary American estate was bequeathed, a lapse occurred, unless the legacy can be construed as a class bequest.

The plaintiff, who sues as an American executor and trustee for a construction of the will in this respect, has only cited in, out of the numerous parties who might have been made defendants, two…

2Cases cited5 opinions

  1. Bill v. PayneSupreme Court of Connecticut · 1892
  2. Bolles v. SmithSupreme Court of Connecticut · 1872
  3. Lawrence v. KitteridgeSupreme Court of Connecticut · 1852
  4. Mullen v. ReedSupreme Court of Connecticut · 1894
  5. Russell v. HookerSupreme Court of Connecticut · 1895

3Cited by16 opinions

  1. Shannon v. EnoSupreme Court of Connecticut · 1935
  2. In Re Estate of MurphyCalifornia Supreme Court · 1909
  3. Clarke's Appeal from ProbateSupreme Court of Connecticut · 1898
  4. Russell v. HartleySupreme Court of Connecticut · 1910
  5. Estate of MooreCalifornia Court of Appeal · 1955

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