Treat's Appeal from Probate
Supreme Court of Connecticut
Appeal from the judgment of a probate court, denying a petition of one of the heirs of Homer Treat for a distribution of his estate among his heirs at law.
Read the full summary
Appeal from the judgment of a probate court, denying a petition of one of the heirs of Homer Treat for a distribution of his estate among his heirs at law. Homer Treat died in 1855, leaving a will, the important part of which was as follows:— “ I give, devise and bequeath to [sundry persons named] and to their successors forever, (who shall as a board of Trustees add to and perpetuate their number, so long as in their opinion the objects of this bequest shall require the existence of the same,) all my estate as aforesaid, to be held? by them in trust for the promotion of education and science…
1Opinion of the CourtEllswokth, J.
We have none of us entertained a doubt that the court of probate was correct in refusing to order a distribution of the estate in question.
The application for a distribution proceeded on the ground that the charitable bequest to the trustees named was void for uncertainty, both as to the beneficiaries of the charity and as to the mode of carrying the charity into effect. But in both these particulars we think the will is clear of objection. As to the objects of the charity, what can be more unambiguous and certain than the language of the will—“ in trust for the promotion of education and…
2Cases cited1 opinion
- White v. FiskSupreme Court of Connecticut · 1852
3Cited by13 opinions
- Jackson v. PhillipsMassachusetts Supreme Judicial Court · 1867
- Shannon v. EnoSupreme Court of Connecticut · 1935
- Webster v. MorrisWisconsin Supreme Court · 1886
- Woodruff v. MarshSupreme Court of Connecticut · 1893
- In re John's WillOregon Supreme Court · 1896
8 more not listed; retrieve them via the Exa API.