Chambers v. Robbins
Supreme Court of Connecticut
Assumpsit. The declaration alleged that Mary Robbins, late of Rocky Hill, in Hartford county, in her life time made her last will and testament, whereby she devised and bequeathed to the defendant, as trustee of Richard Robbins, and to others, a large amount of property, real and personal; that after her death the will was presented to the court of probate for the district of Hartford for probate, and on the 21st of May, 1855, was by said court approved, and administration,…
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Assumpsit. The declaration alleged that Mary Robbins, late of Rocky Hill, in Hartford county, in her life time made her last will and testament, whereby she devised and bequeathed to the defendant, as trustee of Richard Robbins, and to others, a large amount of property, real and personal; that after her death the will was presented to the court of probate for the district of Hartford for probate, and on the 21st of May, 1855, was by said court approved, and administration, with the will annexed, granted to the defendant; that the plaintifF, after-wards, on the 26th of May, 1855, together…
1Opinion of the Court
*Hinman, J.
The question .whether parol evidence [ *550 J was admissible to prove the promise declared on, will perhaps be more readily understood when stated in another form, as a question whether the promise itself was within the statute of frauds, and therefore should have been in writing. Clearly it is not within the statute, unless it was a promise, as executor, to answer damages out of his own estate. But the. promise was made in the defendant’s private capacity, and was itself the foundation of his liability in this action ; and so far as the costs in the action that had been pending…
2Cases cited1 opinion
- Pratt v. HumphreySupreme Court of Connecticut · 1852
3Cited by6 opinions
- Brown v. EgglestonSupreme Court of Connecticut · 1885
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Johnson v. Homestead-Iron Dyke Mines Co.Oregon Supreme Court · 1920
- Brown v. QuintonSupreme Court of Kansas · 1912
- Dillaby v. WilcoxSupreme Court of Connecticut · 1891
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