Morse v. Ward
Supreme Court of Connecticut
Appeal by the plaintiff from an order and decree of the Court of Probate for the district of Bridgeport removing him as trustee under the will of Lucinda J. Ward of Bridgeport, deceased, taken to and tried by the Superior Court in Fairfield County,' Curtis, J.; facts found and judgment rendered setting aside the order and decree of the Court of Probate, and appeal by the defendant Brownlee R. Ward.
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Appeal by the plaintiff from an order and decree of the Court of Probate for the district of Bridgeport removing him as trustee under the will of Lucinda J. Ward of Bridgeport, deceased, taken to and tried by the Superior Court in Fairfield County,' Curtis, J.; facts found and judgment rendered setting aside the order and decree of the Court of Probate, and appeal by the defendant Brownlee R. Ward. Lucinda J. Ward died in Bridgeport on April 14th, 1901, leaving a will and codicil, which were duly admitted to probate, in which the bulk of her estate was left in- trust for the benefit of her…
1Opinion of the CourtWheeler, J.
The parties agree that the Court of Probate exceeded its powers in ordering the delivery of the residue of the trust estate to Brownlee R. Ward, when the trustee and one of the claimants to the fund had made clear their intention to procure a construction of the will in order to determine who was entitled to the fund. Whether under other circumstances the court might have issued this order, we need not now inquire.
The court decreed (1) that the trustee file his final account, and (2) that he pay over the trust estate to Brownlee R. Ward. The trial court held that the orders of this decree…
2Cases cited2 opinions
- Bancroft v. Security Co.Supreme Court of Connecticut · 1901
- Selleck v. RuscoSupreme Court of Connecticut · 1878
3Cited by6 opinions
- Ramsdell v. Union Trust Co.Supreme Court of Connecticut · 1987
- Gilpatric v. City of HartfordSupreme Court of Connecticut · 1923
- Willard v. McKoneSupreme Court of Connecticut · 1967
- Cronin v. Gager-Crawford Co.Supreme Court of Connecticut · 1941
- Peach v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1946
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