Legal Opinion

Austin v. Bristol

Supreme Court of Connecticut

Decided April 15, 1873PublishedCited by 31 opinions

Amicable submission, upon tlie following agreed statement of facts; brought to the Superior Court in Now Haven County. Enos B. M. Hughes, of New Ha,ven, died in October, 1864, leaving a will, the parts of which material to the present question are as follows : — • “After the payment of my just debts, funeral charges, and the expenses of settling my estate, I give, devise and bequeath all the estate, both real and personal, which I now have, or which I may have at the time of…

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Amicable submission, upon tlie following agreed statement of facts; brought to the Superior Court in Now Haven County. Enos B. M. Hughes, of New Ha,ven, died in October, 1864, leaving a will, the parts of which material to the present question are as follows : — • “After the payment of my just debts, funeral charges, and the expenses of settling my estate, I give, devise and bequeath all the estate, both real and personal, which I now have, or which I may have at the time of my decease, to my beloved wife, Louisa W. B. Hughes, for her life, to bo used in the support of herself and my…

1Opinion of the CourtSeymour, J.

The question in this case arises upon the construction of the following clause in Mr. Hughes’s will:

“ Upon the decease of my said wife I give all my said estate to such of my children as may he living at the time of her decease, and to the issue of those who may have deceased, and to their heirs and assigns forever; to he equally divided between them; the issue of such deceased children to take per stirpes and not per capita.”

The will is dated in 1841, at which time all Mr. Hughes’s children, five in number, were living. Ho died in 1864, leaving a widow, to whom all his property was given for…

2Cited by31 opinions

  1. Scott v. WestWisconsin Supreme Court · 1885
  2. Archer v. JacobsSupreme Court of Iowa · 1904
  3. Shufeldt v. ShufeldtWashington Supreme Court · 1924
  4. White v. SmithSupreme Court of Connecticut · 1914
  5. Arnold v. AldenIllinois Supreme Court · 1898

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