Eaton v. Eaton
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Russell Eaton of Kent, deceased, brought to and reserved by the Superior Court in Litchfield County, Case,./., upon the facts alleged in the complaint, for the advice of this court. Russell Eaton died March 23d, 1899, leaving a will, of which the plaintiff is executor, executed November 18th, 1891, and a codicil thereto executed March 1st, 1897, both duly probated.
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Suit to determine the validity and construction of the will of Russell Eaton of Kent, deceased, brought to and reserved by the Superior Court in Litchfield County, Case,./., upon the facts alleged in the complaint, for the advice of this court. Russell Eaton died March 23d, 1899, leaving a will, of which the plaintiff is executor, executed November 18th, 1891, and a codicil thereto executed March 1st, 1897, both duly probated. In the codicil the original will was confirmed and established in all respects not affected by the codicil. He left surviving him a widow, the defendant Ruth Ann Eaton,…
1Opinion of the CourtPrentice, C. J.
This will, which was confirmed and reestablished by its codicil in 1897, and did not speak until the decease of the testator in 1899, does not come under the operation of the statute against perpetuities, repealed in 1895. Public Acts of 1895, Chap. 249, p. 590.
The gift of one hah of the rest, residue and remainder to the children of Reuben, contained in the eighth paragraph, was a gift in trust to be held and disposed of, principal and income, in precisely the same way as was provided in paragraph seven for the management and disposition of the $4,000 fund, principal and income, which was…
2Cases cited3 opinions
- Bartlett v. SearsSupreme Court of Connecticut · 1908
- Eaton v. EatonSupreme Court of Connecticut · 1914
- Perry v. BulkleySupreme Court of Connecticut · 1909
3Cited by11 opinions
- Walker v. First Trust & Savings BankCourt of Appeals for the Eighth Circuit · 1926
- Bankers Trust Co. v. PearsonSupreme Court of Connecticut · 1953
- Northwestern Nat. Bank of Minneapolis v. SimonsSupreme Court of Minnesota · 1976
- Gorham v. GorhamSupreme Court of Connecticut · 1923
- Bridgeport Trust Co. v. BartholomewSupreme Court of Connecticut · 1916
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