Davies v. Davies
Supreme Court of Connecticut
Suit to obtain a construction of the will of John M. Davies, deceased; brought to the Superior Court in New Haven County, and reserved, upon facts admitted, for the advice of this court.
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Suit to obtain a construction of the will of John M. Davies, deceased; brought to the Superior Court in New Haven County, and reserved, upon facts admitted, for the advice of this court. The article of the will under which the questions arose is given, with the facts, in the prevailing opinion, and certain other parts of the will in the dissenting opinion. 1. If Cornelius Davies had died intestate, one half of his personal estate would, under the distribution laws both of Connecticut and of New York, go to his widow. Gen. Stat. of Conn., p. 373, § 8; Rev. Stat. of N. Y., vol. 2, p. 159, § 79.…
1Opinion of the CourtPark, C. J.
The ninth article of the will of the late John M. Davies is as follows: “It is my will, and I hereby direct, that four fifths of the share of any and every of my sons shall be paid to him as soon as it can be conveniently done after my decease; and as to the remaining one fifth, it is my will and I hereby direct that the same be invested in bonds and mortgages, or if it shall be thought best by my executrix and executors in real estate, and kept invested for his use during his life, and that the interest and income therefrom shall be paid to Mm during his life, and that on Ms death the same…
2Cases cited1 opinion
- Drake v. PellNew York Court of Chancery · 1839
3Cited by6 opinions
- Sterns v. M. F. A. Mutual Insurance Co.Missouri Court of Appeals · 1966
- BatesMassachusetts Supreme Judicial Court · 1893
- Staples v. LewisSupreme Court of Connecticut · 1898
- Wells v. BenteMissouri Court of Appeals · 1900
- Gilmore v. GilmoreMassachusetts Supreme Judicial Court · 1922
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