Colt v. Hubbard
Supreme Court of Connecticut
Amicable submission upon an agreed statement of facts, reserved by the superior court for the advice of this court. The-plaintiff is the son of Christopher Colt, and as such one of the legatees under the will of Samuel Colt. The defendants are the executors of the will.
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Amicable submission upon an agreed statement of facts, reserved by the superior court for the advice of this court. The-plaintiff is the son of Christopher Colt, and as such one of the legatees under the will of Samuel Colt. The defendants are the executors of the will. That part of the will containing the legacy to the plaintiff is set out in the report of the case next preceding, {ante page 272.) The residuary clause of the will, under which also the plaintiff claims, is set out in the same case, {ante, page 274.) The will was executed June 3d, 1856, and republished’for the last time in…
1Opinion of the CourtButler, J.
It is now more than two hundred years since the rule was adopted by English jurists from' the civil law, that where a legacy is given to a person “as,” “if,” “when,” or “ provided ” lie arrives at a certain age, or “ at ” that time, and there is no other controlling evidence of intention, the legacy is contingent, and where it is given generally and *286“ payable ” or “ to be paid ” at such time, it is vested. The rule has also been adopted in' this country in several cases. The reason on -which the rule is based is said to be that in one case the time is annexed to the substance and constitutes…
2Cited by10 opinions
- Peck v. JacqueminSupreme Court of Connecticut · 1985
- In Re Estate of BlakeCalifornia Supreme Court · 1910
- Soares v. Max Services, Inc.Connecticut Appellate Court · 1996
- Brinsmade v. BeachSupreme Court of Connecticut · 1922
- Gaffney v. ShepardSupreme Court of Connecticut · 1928
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