South Norwalk Trust Co. v. St. John
Supreme Court of Connecticut
Suit to determine the validity and construction of the will of Oscar St. John of Norwalk, deceased, brought to and reserved by the Superior Court in Fairfield County, Curtis, J., upon an agreed finding of facts, for the advice of this court. Oscar St. John, late of Norwalk, died September 4th, 1912, possessed of both real and personal estate. He left a will which was duly probated, in which the plaintiff was named as executor and trustee.
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Suit to determine the validity and construction of the will of Oscar St. John of Norwalk, deceased, brought to and reserved by the Superior Court in Fairfield County, Curtis, J., upon an agreed finding of facts, for the advice of this court. Oscar St. John, late of Norwalk, died September 4th, 1912, possessed of both real and personal estate. He left a will which was duly probated, in which the plaintiff was named as executor and trustee. The estate has been settled: The plaintiff qualified as trustee and there remains in its hands as such trustee certain real and personal property. The…
1Opinion of the CourtWheeler, J.
One of the questions submitted for our advice is whether or not the children of the testator have forfeited their claim to the estate by having violated paragraph eighth, and if so, to whom the estate and the income should be paid.
If the eighth paragraph be valid and literally interpreted, and the children have violated it, they have forfeited their claim to any part of this estate. The consideration of this question should precede all other questions, for, if the children have forfeited their claim to this estate, consideration of other questions under the will, so far as they are concerned,…
2Cases cited15 opinions
- Smithsonian Institution v. MeechSupreme Court of the United States · 1898
- Estate of HiteCalifornia Supreme Court · 1909
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
- Moran v. MoranSupreme Court of Iowa · 1909
- Friend's EstateSupreme Court of Pennsylvania · 1904
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3Cited by45 opinions
- In Re the Probate of the Will of CookNew York Court of Appeals · 1926
- Haynes v. First Nat'l State Bk. of NJSupreme Court of New Jersey · 1981
- Calvery v. CalveryTexas Supreme Court · 1932
- Commerce Trust Company v. WeedSupreme Court of Missouri · 1958
- Jensen v. NelsonSupreme Court of Iowa · 1945
40 more not listed; retrieve them via the Exa API.