Weed v. Scofield
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of John P. Hamilton of Stamford, deceased, brought to the Superior Court in Fairfield County and reserved by that court, Robinson, J., upon an agreed finding of facts, for the consideration and advice of this court.
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Suit to determine the validity and construction of the will of John P. Hamilton of Stamford, deceased, brought to the Superior Court in Fairfield County and reserved by that court, Robinson, J., upon an agreed finding of facts, for the consideration and advice of this court. The provisions in question were as follows : “After all my just debts (including my funeral expenses are fully paid and discharged after my decease) I give and bequeath to the several individuals, and religious and benevolent societies and institutions hereinafter named, the several sums or amounts named to each of them…
1Opinion of the CourtBaldwin, J.
It was the testator’s intent that his bequests to individuals should be first discharged, and then that if his remaining estate should prove insufficient to satisfy all his charitable bequests, these should abate pro rata ; but that if it should prove more than sufficient to satisfy them, the excess should be applied to increase pro rata the amounts to be paid to all those receiving pecuniary legacies.
It is argued in behalf of the heirs, that in making these provisions he had in view only the amount to be “ realized” by turning his estate into money, as compared with the aggregate amount of…
2Cases cited3 opinions
- Coit v. ComstockSupreme Court of Connecticut · 1884
- Peckham v. LegoSupreme Court of Connecticut · 1889
- Pendleton v. LarrabeeSupreme Court of Connecticut · 1892
3Cited by28 opinions
- In Re Estate of BlakeCalifornia Supreme Court · 1910
- Mahoney v. LensinkSupreme Court of Connecticut · 1990
- Wolfe v. HathewaySupreme Court of Connecticut · 1908
- Bryan v. BigelowSupreme Court of Connecticut · 1905
- Mahoney v. MahoneySupreme Court of Connecticut · 1923
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