Clements' Appeal from Probate
Supreme Court of Connecticut
Appeal from a probate decree allowing the administration account of Charles H. Brainard as executor of James M. Goodwin, deceased; taken to the Superior Court in Hartford County. The reason of appeal assigned was the allowance by the court of a note of $2,375.61 and interest, as a part of the account. The following facts were found by the court:— The appellants are the children of Henry W.. Goodwin, deceased, who was a son of the testator.
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Appeal from a probate decree allowing the administration account of Charles H. Brainard as executor of James M. Goodwin, deceased; taken to the Superior Court in Hartford County. The reason of appeal assigned was the allowance by the court of a note of $2,375.61 and interest, as a part of the account. The following facts were found by the court:— The appellants are the children of Henry W.. Goodwin, deceased, who was a son of the testator. Henry W. died in 1876 ; the testator in 1870. The testator by his will gave a portion of his estate to Mr. Brainard, in trust, “ to pay over the use,…
1Opinion of the CourtLoomis, J.
We have experienced considerable difficulty in determining the legality of the claim in suit, owing to the uncertainty that exists as to its precise nature and foundation. The argument in its support, ingenious and able though it was, left us still in doubt whether the claim of the appellee was to be predicated upon the last transaction between the parties, namely, the written guaranty of the testator appended to the note of Henry W. Goodwin, or upon the verbal promise by the testator to the appellee, made five or six years before, that he would pay in full Mr. Brainard’s claim against Henry…
2Cases cited4 opinions
- Cook v. BradleySupreme Court of Connecticut · 1828
- Clement's Appeal from ProbateSupreme Court of Connecticut · 1882
- Babcock v. DillNew York Supreme Court · 1865
- Yeomans v. ChattertonNew York Supreme Court · 1812
3Cited by3 opinions
- Smith v. DelaneySupreme Court of Connecticut · 1894
- Wolthausen v. TrimpertSupreme Court of Connecticut · 1919
- Hartley v. SandfordSupreme Court of New Jersey · 1901