Legal Opinion

Zimmerman v. Mechanics Savings Bank

Supreme Court of Connecticut

Decided June 4, 1903PublishedCited by 6 opinions

Action to settle the title to real estate, brought to the Superior Court in Hartford County and reserved by that court, Shumway, J., upon an agreed finding of facts, for the consideration and advice of this court. Paul Revoir died childless in 1869, seized and possessed of an estate in fee simple in the real estate in controversy. He left a will which was duly probated and of which his widow, Bertha Revoir, became the duly qualified executrix.

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Action to settle the title to real estate, brought to the Superior Court in Hartford County and reserved by that court, Shumway, J., upon an agreed finding of facts, for the consideration and advice of this court. Paul Revoir died childless in 1869, seized and possessed of an estate in fee simple in the real estate in controversy. He left a will which was duly probated and of which his widow, Bertha Revoir, became the duly qualified executrix. The will, after its introductory words, proceeds as follows : “ . . . do therefore make, ordain, publish and declare, this to be my last will and…

1Opinion of the CourtPrentice, J.

The reservation raises a single question only. That relates to the construction to be placed upon the provisions of Paul Revoir’s will. The question is whether ■his widow, Bertha, by its terms, took an estate in fee in the testator’s real estate or only a life estate. The reason for a doubt is easy to discover. In our attempt to resolve it, we find little to aid us either in extrinsic circumstances or other provisions of the will itself which might shed light upon the testator’s intention. The record is practically silent as to the circumstances which surrounded the testator when he made his…

2Cases cited3 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
  3. Gray v. Clark & PutnamSupreme Court of Vermont · 1839

3Cited by6 opinions

  1. Humphrey v. Twin State Gas & Electric Co.Supreme Court of Vermont · 1927
  2. Perry v. BulkleySupreme Court of Connecticut · 1909
  3. Swole v. BurnhamSupreme Court of Connecticut · 1930
  4. McDermott v. ScullySupreme Court of Connecticut · 1916
  5. Hartford-Aetna National Bank v. WeaverSupreme Court of Connecticut · 1927

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