Harper v. Phelps
Supreme Court of Connecticut
This was a bill in chancery, seeking a reasonable proportion of the sum of 2,000 dollars, being the annual income of a fund devised by Samuel St. John for the benefit of his niece, Catharine S. St. John, one of the defendants. The material facts in the case appear in the report of the committee appointed by the court to ascertain them. By that report, the following facts are found.
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This was a bill in chancery, seeking a reasonable proportion of the sum of 2,000 dollars, being the annual income of a fund devised by Samuel St. John for the benefit of his niece, Catharine S. St. John, one of the defendants. The material facts in the case appear in the report of the committee appointed by the court to ascertain them. By that report, the following facts are found. On the 12th day of September, 1844, Samuel St. John of New-Haven made and published his last will and testament, containing the following provisions. After directing the payment of his debts and funeral expenses,…
1Opinion of the CourtEllsworth, J.
The questions in this case arise upon the construction of the 14th article of the will of Samuel St. John, Esq. Does this article give to Mrs. Harper, one of the plaintiffs, a fixed and certain portion of the 2,000 dollars annuity to Catharine S. St. John, now Mrs. Phelps; and in case of her default in distributing it, can it be distributed by a court of chancery? Or, on the other hand, as claimed by the defendants, is the annuity given to Mrs. Phelps, to be expended, for her support and others in her own family, according to her wishes and pleasure?
At the first reading of this will, there is…
2Cited by15 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- State v. CareySupreme Court of Connecticut · 1904
- Cumming v. PendletonSupreme Court of Connecticut · 1931
- Ensley v. EnsleyTennessee Supreme Court · 1900
- Loomis Institute v. HealySupreme Court of Connecticut · 1922
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