Legal Opinion

Mathews' Appeal From Probate

Supreme Court of Connecticut

Decided January 19, 1900PublishedCited by 12 opinions

Appeal from an order and decree of the Court of Probate for the district of Stafford, refusing to pass upon a certain administration account, taken to the Superior Court in Tolland County and reserved by that court, Robinson, J., upon a finding of facts, for the consideration and advice of this couit.

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Appeal from an order and decree of the Court of Probate for the district of Stafford, refusing to pass upon a certain administration account, taken to the Superior Court in Tolland County and reserved by that court, Robinson, J., upon a finding of facts, for the consideration and advice of this couit. The material facts in the case are these: Julius Converse of Stafford in tins State died intestate in June, 1892, leaving a widow, Mira L. Converse, and four children, to wit, Eugenia C. Mathews, wife of A. B. Mathews of Chicago, Lillia A. Lee, wife of William Lee, J. Carl Converse, and Louis S.…

1Opinion of the CourtTorrance, J.

The principal question in this case relates to the operation and effect of the recorded agreement upon the jurisdiction of the Court of Probate, and not to its binding force upon the parties to it. These two questions are distinct and separate. If the instrument is binding upon the parties, it does not necessarily follow that it affects the jurisdiction of the court.

The precise claim of the administrators is, in effect, that upon the recording of the agreement, the power of the court, under the circumstances of this case, to adjudicate upon the administration account, was at an end.

We are of…

2Cases cited4 opinions

  1. Griswold v. BigelowSupreme Court of Connecticut · 1826
  2. Edmond v. CanfieldSupreme Court of Connecticut · 1830
  3. Dickinson's Appeal from ProbateSupreme Court of Connecticut · 1886
  4. Baxter v. GaySupreme Court of Connecticut · 1840

3Cited by12 opinions

  1. Prince v. SheffieldSupreme Court of Connecticut · 1969
  2. Reiley v. HealeySupreme Court of Connecticut · 1936
  3. Blodgett v. Bridgeport City Trust Co.Supreme Court of Connecticut · 1932
  4. First National Bank & Trust Co. v. McCoySupreme Court of Connecticut · 1938
  5. Hotchkiss' Appeal From ProbateSupreme Court of Connecticut · 1915

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