Canfield v. Bostwick
Supreme Court of Connecticut
This was an appeal from a decree of the court of probate for the district of New Milford, passed May 11th, 1850. Betsey Canfield, of New Milford, on the 14th day of October, 1847, made her last will and testament, by which, after providing for the payment of her just debts and funeral charges out of any estate that she should leave at her decease, she bequeathed to her grandchildren the following legacies: to Henry Bostwick and Elizabeth Bostwick, one hundred dollars, each;…
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This was an appeal from a decree of the court of probate for the district of New Milford, passed May 11th, 1850. Betsey Canfield, of New Milford, on the 14th day of October, 1847, made her last will and testament, by which, after providing for the payment of her just debts and funeral charges out of any estate that she should leave at her decease, she bequeathed to her grandchildren the following legacies: to Henry Bostwick and Elizabeth Bostwick, one hundred dollars, each; to Walter Bostwick, two hundred dollars; to Samuel Northrop, Lawrence Northrop, and Cyrus Northrop, one hundred dollars,…
1Opinion of the CourtEllsworth, J.
We think there is no error in the decree of probate, ordering the payment of legacies out of the personal estate.
The general rule of law has not been questioned; but it is said, the rule does not apply to this case, because, at the time the will was made, the testatrix had no personal property to pay the legacies with; and besides, after giving the legacies, she gives “the remainder and residue of her real estate.”
A will speaks from the death of the testator, and not from its date, unless its language, by fair construction, indicates *554the contrary intention. That may be by words of…
2Cited by28 opinions
- Wetmore v. . ParkerNew York Court of Appeals · 1873
- Scott v. WestWisconsin Supreme Court · 1885
- Scott v. FordOregon Supreme Court · 1908
- Hatcher v. HatcherSupreme Court of Virginia · 1885
- Succession of AllenSupreme Court of Louisiana · 1896
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