Judson v. Lake
Supreme Court of Connecticut
THIS was an action of ejectment for one undivided seventh part of a piece of land, which the plaintiffs . . r claimed, in the right of the wife, as one of the heirs at law of Ann Lake> deceased. , 1 he defendant pleaded the general issue, On the trial, it was proved and admitted by the parties, . that on the 1st of January, 1797, Ann Lake died seised of the premises; that she had previously made her will, while the wife of Jabez Lake, whereby she devised the premises to the…
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THIS was an action of ejectment for one undivided seventh part of a piece of land, which the plaintiffs . . r claimed, in the right of the wife, as one of the heirs at law of Ann Lake> deceased. , 1 he defendant pleaded the general issue, On the trial, it was proved and admitted by the parties, . that on the 1st of January, 1797, Ann Lake died seised of the premises; that she had previously made her will, while the wife of Jabez Lake, whereby she devised the premises to the defendant; and that on the 9th of June, 1797, said will was proved, and offered to the court of probate For approbation,…
1Opinion of the Court
By the Court.
The only question necessary to be decided in this case is, whether the probate of the will of Mrs. Lake is not conclusive regarding the validity of the will, until it is reversed on appeal to the superior court ? And we are of opinion, that the law is so, that the will must stand until such reversal takes place. The statute of this state gives to the courts of probate cogni-sance of the probate of wills, and allows to all parties aggrieved an appeal to the superior court. Every matter of law and fact regarding the validity of wills, both as they respect real and personal estate,…
2Cited by9 opinions
- State v. BlakeSupreme Court of Connecticut · 1897
- Lockwood v. SturdevantSupreme Court of Connecticut · 1827
- Delehanty v. PitkinSupreme Court of Connecticut · 1904
- Dickinson v. HayesSupreme Court of Connecticut · 1863
- Allison v. SmithMichigan Supreme Court · 1868
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