Southington Bank & Trust Co. v. American Baptist Home Mission Society
Supreme Court of Connecticut
Suit to determine the construction of the will and codicil of Sarah A. Nichols of Southington, deceased, brought to and tried by the Superior Court in Hartford County, Maltbie, J.; facts found and judgment rendered in favor of the Baptist missionary societies, from which several of the nieces of the testatrix appealed. The will reads as follows:— “First — I direct that my just debts and funeral expenses be paid by my Executor hereinafter named.
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Suit to determine the construction of the will and codicil of Sarah A. Nichols of Southington, deceased, brought to and tried by the Superior Court in Hartford County, Maltbie, J.; facts found and judgment rendered in favor of the Baptist missionary societies, from which several of the nieces of the testatrix appealed. The will reads as follows:— “First — I direct that my just debts and funeral expenses be paid by my Executor hereinafter named. “Second — I give and bequeath to my niece Anna M. Kibbey of Newport, N. H., the sum of one thousand dollars (1,000) to my nieces Leila Pettingill and…
1Opinion of the CourtCurtis, J.
The first question that naturally presents itself for decision is whether the evidential facts, admitted by the court to aid in the construction of the will and codicil, were properly admitted.
The validity of the codicil was not questioned.
The appellants claimed in the trial court that the words “personal estate,” used in the codicil, in their strict and primary acceptance, mean all the personal property of the testatrix as distinguished from her real estate, because “one of the fundamental rules in the construction of wills is that the testator is always presumed to use the words in which he…
2Cases cited8 opinions
- Johnson v. GossMassachusetts Supreme Judicial Court · 1880
- Leake v. WatsonSupreme Court of Connecticut · 1891
- Ruggles v. RandallSupreme Court of Connecticut · 1897
- Thompson v. BettsSupreme Court of Connecticut · 1902
- Tallman v. TallmanThe Superior Court of the City of New York and Buffalo · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Blakeman v. HarwellSupreme Court of Georgia · 1944
- Stearns v. StearnsSupreme Court of Connecticut · 1925
- Ward v. Curry's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1944
- Sadler v. SadlerSupreme Court of Connecticut · 1928
- Cannon v. First National BankSupreme Court of Georgia · 1976
1 more not listed; retrieve them via the Exa API.