Legal Opinion

Howard v. Howard

Supreme Court of Connecticut

Decided July 15, 1848PublishedCited by 3 opinions

This was an appeal from a decree of the court of probate. On the 2d day of May, 1846, Warner Howard made his last will, and thereby, after making provision for his wife, and giving a few specific legacies to his eldest son, disposed of the residue of his estate as follows: “ I give, devise and bequeath all the residue of my estate, real, personal and mixed, to my minor children, viz.

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This was an appeal from a decree of the court of probate. On the 2d day of May, 1846, Warner Howard made his last will, and thereby, after making provision for his wife, and giving a few specific legacies to his eldest son, disposed of the residue of his estate as follows: “ I give, devise and bequeath all the residue of my estate, real, personal and mixed, to my minor children, viz. Hiram Howard, Mary Howard, Charles Nathan Howard, Julia Maria Howard, Emily Jane Howard, and Ellen Frances Howard; to have and to hold to them, their heirs and assigns, forever; and to be divided between my said…

1Opinion of the CourtEllsworth, J.

The appellants complain of the distribution of Warner Howard’s e state, made under an order of the-court of probate. They say, it is unequal; that too much real estate is set to the heirs of Julia M. and Emily ./., two daughters of said Warner Howard, who died before the distribution was made. It is true, these shares consist chiefly of real estate, while the shares of the rest consist, to a much greater extent, of personal estate. But does it follow, that the portions are unequal 1 Can we, as matter of law, decide, that a distribution is unequal, because the portions are not made up of equal…

2Cited by3 opinions

  1. Post v. JacksonSupreme Court of Connecticut · 1898
  2. Hale's Appeal from ProbateSupreme Court of Connecticut · 1897
  3. In re Estate of NorthSupreme Court of Connecticut · 1880

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