Legal Opinion

Close v. Benham

Supreme Court of Connecticut

Decided December 5, 1921PublishedCited by 38 opinions

Suit to determine the validity and construction of the will of Junius N. Benham of Bridgeport, deceased, brought to and reserved by the Superior Court in Fairfield County, Kellogg, J., upon the facts stated in the complaint, for the advice of this court.

1Opinion of the CourtWheeler, C. J.

Those provisions of the will of Junius N. Benham which we are asked to construe, gave two thirds of his estate in trust, to pay the net income therefrom equally to his daughters, Mary B. Close and Lizzie Benham, during their lives. Upon the decease of either, one half of the two thirds was given to the issue of the deceased daughter, equally and per stirpes; and in case the deceased daughter left no issue, this share was given to the testator’s “next of kin,” tobe divided among them equally per stirpes.

Lizzie Benham died without issue, and the share whose income she had enjoyed vested in the…

2Cases cited12 opinions

  1. Tatham's EstateSupreme Court of Pennsylvania · 1915
  2. Swasey v. Jaques.Massachusetts Supreme Judicial Court · 1887
  3. Allen v. AlmySupreme Court of Connecticut · 1913
  4. May v. Lewis.Supreme Court of North Carolina · 1903
  5. Clark v. MackMichigan Supreme Court · 1910

7 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
  2. St. Louis Union Trust Co. v. KaltenbachSupreme Court of Missouri · 1945
  3. Union & New Haven Trust Co. v. AckermanSupreme Court of Connecticut · 1932
  4. Crowell v. ChapmanMassachusetts Supreme Judicial Court · 1926
  5. Shepard v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1927

33 more not listed; retrieve them via the Exa API.

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