White v. Fisk
Supreme Court of Connecticut
This was a bill in chancery, brought to the superior court for New Haven county, by Henry White, as executor and trustee under the last will and testament of Samuel J. Hitchcock, deceased, asking for the aid and direction of the court in carrying into execution certain trusts created by said will, in relation to which the language of the will was ambiguous and doubtful in its meaning; and further praying,; that the legatees and heirs at law of the testator might be compelled…
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This was a bill in chancery, brought to the superior court for New Haven county, by Henry White, as executor and trustee under the last will and testament of Samuel J. Hitchcock, deceased, asking for the aid and direction of the court in carrying into execution certain trusts created by said will, in relation to which the language of the will was ambiguous and doubtful in its meaning; and further praying,; that the legatees and heirs at law of the testator might be compelled to interplead and adjust among themselves, their! claims to certain portions of the testator’s estate and the'[ income…
1Opinion of the CourtChurch, C. J.
Alate writer on the law of devises has remarked, that gentlemen of the legal profession should seldom draw up their own wills, as many such have been the subjects of litigation, and of the most difficult interpretation. The propriety of this suggestion is, in some degree, verified in this case.
The late Judge Hitchcock, whose will we are considering, was one of the most learned and distinguished members of the Connecticut bar; and yet, we find his executor, and trustee, himself also a lawyer of great ability and professional experience, presenting this will to this court, and asking its…
2Cases cited4 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Witman v. LexSupreme Court of Pennsylvania · 1827
3Cited by25 opinions
- Shannon v. EnoSupreme Court of Connecticut · 1935
- Woodruff v. MarshSupreme Court of Connecticut · 1893
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Coit v. ComstockSupreme Court of Connecticut · 1884
- Adye v. SmithSupreme Court of Connecticut · 1876
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