Buck v. Lincoln
Supreme Court of Connecticut
Action to determine the construction of the will of Walter Ashley, deceased, brought to the Superior Court in Wind-ham County, Shumway, J., and reserved, upon an agreed statement of facts, for the advice of this court.
Read the full summary
Action to determine the construction of the will of Walter Ashley, deceased, brought to the Superior Court in Wind-ham County, Shumway, J., and reserved, upon an agreed statement of facts, for the advice of this court. The will and codicil, after giving to the testator’s widow the life use of all his estate, made these provisions:— “ I do give, devise, and bequeath to my daughter Sarah E. Shew one half of all my property at the expiration of my wife’s life estate in the same (except that portion which is situated in Willimantic village) to be her own estate and the estate of her heirs…
1Opinion of the CourtBaldwin, J.
The devise in remainder to the heirs at law of Charles R. Ashley cannot properly be regarded as contingent upon his surviving his wife. The provision that it was to take effect in enjoyment only after all the “ users ” previously given (two of which had no connection with that contingency) had terminated, and the presumption that the testator intended "to dispose of his entire estate, show that it should be construed as an independent and absolute gift as fully as if it had been the subject of a separate sentence.
This remainder took effect in right, if at all, on the death of the testator. It…
2Cases cited1 opinion
- Tingier v. ChamberlinSupreme Court of Connecticut · 1899
3Cited by2 opinions
- Rozell v. RozellMichigan Supreme Court · 1922
- Sumner v. WestcottSupreme Court of Connecticut · 1912