Legal Opinion

Russell v. Hooker

Supreme Court of Connecticut

Decided November 22, 1895PublishedCited by 6 opinions

Suit to compel the transfer of certain stock and for other relief, brought to the Superior Court in Hartford County and tried to the court, Thayer, J.; facts found and case reserved for the advice of this court. The defendants were sued as executors of the will of Henry E. Russell of New York, which it was alleged had been duty probated in the Surrogate’s Court of the City of New York.

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Suit to compel the transfer of certain stock and for other relief, brought to the Superior Court in Hartford County and tried to the court, Thayer, J.; facts found and case reserved for the advice of this court. The defendants were sued as executors of the will of Henry E. Russell of New York, which it was alleged had been duty probated in the Surrogate’s Court of the City of New York. One of them, Frank H. Hooker, was a citizen of Connecticut, and was personalty served within this State. The others were citizens of New York, and no service was made upon them. The complaint alleged that the…

1Opinion of the CourtBaldwin, J.

This action is brought by a citizen of Con*27necticut against another citizen of Connecticut and two citizens of New York. The defendants are sued as executors of the will of a New York testator, which has been duly-admitted to pi'obate in that State. A legacy of a hundred shares of stock in a Connecticut corporation was left in the will to the plaintiff, in trust for a citizen of this State, and the ground upon which he rests his action is that this legacy was a specific one.

The will under which the plaintiff claims, was that of a citizen of New York, and the property bequeathed to him, so far…

2Cases cited2 opinions

  1. Byers v. McAuleySupreme Court of the United States · 1893
  2. State Ex Rel. Moriarty v. DonahueSupreme Court of Connecticut · 1909

3Cited by6 opinions

  1. Artman v. ArtmanSupreme Court of Connecticut · 1930
  2. Clarke's Appeal from ProbateSupreme Court of Connecticut · 1898
  3. Rockwell v. BradshawSupreme Court of Connecticut · 1895
  4. Higinbotham v. ManchesterSupreme Court of Connecticut · 1931
  5. Geenty v. Phoenix Mutual Life InsuranceSupreme Court of Connecticut · 1940

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