Smith v. Pendell
Supreme Court of Connecticut
This was an action of ejectment for three parcels of land lying in Stamford. The defendant pleaded the general issue, which was closed to the court.
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This was an action of ejectment for three parcels of land lying in Stamford. The defendant pleaded the general issue, which was closed to the court. The cause was tried at an adjourned term of the superior court in Fairfield county, in April 1847 ; when the following facts were found. ’ On the 7th of March 1815, David Smith, who then, and ever afterwards until his death, owned the demanded premises, made his last will and testament, in which, after devising certain estate to his daughter-in-law, Hannah Smith, widow of his deceased son, Ezra Smith, he devised as follows: “And to my beloved…
1Opinion of the Court
Church, Ch. J.
David Smith was the owner of the land in controversy until his death ; and by his last will and testament, dated March 7th, 1815, he devised it in the following language: “ And to my beloved grand-daughter, Elizabeth “ Smith, [afterwards the wife of William Pendell,’] I do “ give all the remainder of my lands and estate, hoping she “ may live to enjoy the same ; but if the said Elizabeth should “ die, leaving no natural heirs, my will is, that the same shall “go to my said daughter-in-law Hannah Smith, mother of “said Elizabeth, [one of the plaintiffs] and to be her own,” &c.
Unde…
2Cases cited1 opinion
- Lacey v. TomlinsonSupreme Court of Connecticut · 1811
3Cited by20 opinions
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- Shrout v. SealeSupreme Court of Alabama · 1971
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- Tea v. MillenIllinois Supreme Court · 1913
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