Legal Opinion

Lawrence's Appeal from Probate

Supreme Court of Connecticut

Decided December 15, 1881PublishedCited by 12 opinions

Appeal from sundry decrees of the probate court of the district of New Haven in the settlement of the estate of John R. Lawrence; taken to the Superior Court in New Haven County, and heard before Hovey, J. The following are the principal facts in the case. John R. Lawrence died in 1872, a resident of New York city, leaving property there situate largely in excess of his debts, and real estate in the city of New Haven, in this state.

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Appeal from sundry decrees of the probate court of the district of New Haven in the settlement of the estate of John R. Lawrence; taken to the Superior Court in New Haven County, and heard before Hovey, J. The following are the principal facts in the case. John R. Lawrence died in 1872, a resident of New York city, leaving property there situate largely in excess of his debts, and real estate in the city of New Haven, in this state. He was indebted to citizens of the latter city in excess of the value of the estate there situate. He made his widow, son, and son-in-law executors of his will;…

1Opinion of the CourtPardee, J.

The appellant insists that the right of the probate court in this state to appoint a .creditor as administrator with the will annexed, depended upon two facts— first, the refusal of the executor to accept; second, after such refusal, the citation of the widow and next of kin of the deceased, and their refusal, neglect of appearance, or incapacity to act; and cites the statute, which is in these words: “Upon the refusal of an executor to accept the trust or give a bond, the court shall commit administration of the estate with the will annexed to the widow or next of kin of the deceased, and…

2Cases cited7 opinions

  1. In re AllenMassachusetts Supreme Judicial Court · 1818
  2. Griswold v. BigelowSupreme Court of Connecticut · 1826
  3. Lord v. LordSupreme Court of Connecticut · 1854
  4. Thompson v. BrownMassachusetts Supreme Judicial Court · 1819
  5. Ayres v. WeedSupreme Court of Connecticut · 1844

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Boucher Agency, Inc. v. ZimmerSupreme Court of Connecticut · 1971
  2. Gallup's AppealSupreme Court of Connecticut · 1904
  3. Bankers Trust Co. v. GreimsSupreme Court of Connecticut · 1929
  4. Oles v. FurlongSupreme Court of Connecticut · 1948
  5. Offredi v. HuhlaSupreme Court of Connecticut · 1948

7 more not listed; retrieve them via the Exa API.

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