Hedenberg v. Hedenberg
Supreme Court of Connecticut
Assumpsit for money had and received; brought to the Court of Common Pleas of Fairfield County, and tried to the court on the general issue before Sail, J. The court found the following facts:— David T. Hedenberg died at Westport, in this state, in July, 1865. He was at that time indebted to the plaintiff for money lent in the sum of |150, the money having been lent him in the state of New York, in July, 1864. At the time of his death he resided, as he had for some years…
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Assumpsit for money had and received; brought to the Court of Common Pleas of Fairfield County, and tried to the court on the general issue before Sail, J. The court found the following facts:— David T. Hedenberg died at Westport, in this state, in July, 1865. He was at that time indebted to the plaintiff for money lent in the sum of |150, the money having been lent him in the state of New York, in July, 1864. At the time of his death he resided, as he had for some years previous, in the state of New York. He was the owner of property in that state, but had no estate whatsoever in…
1Opinion of the CourtLoomis, J.
The important legal question in this case is, whether a foreign executrix, who, after tlxe testator’s death and proof of his will at the place of his domicil in another state, comes into this state to reside, and brings with her a portion of the property belonging to the deceased, can be *34sued here in an action at law at the instance of a creditor and made liable to the extent of the property so removed ?
The principles adopted by Chief Justice Williams in giving the opinion in Holcomb v. Phelps, 16 Conn., 127, as well as the preponderance of legal authorities elsewhere, will compel us to…
2Cases cited3 opinions
- Marcy v. MarcySupreme Court of Connecticut · 1864
- Upton v. HubbardSupreme Court of Connecticut · 1859
- Holcomb v. PhelpsSupreme Court of Connecticut · 1844
3Cited by10 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
- Estate of Paine v. GarnettSupreme Court of Florida · 1937
- Burton v. WilliamsNebraska Supreme Court · 1902
- Cooke v. Town of OrangeSupreme Court of Connecticut · 1880
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