Pease v. Cornell
Supreme Court of Connecticut
Suit to determine the construction and validity of certain provisions in the will of Charles Cornell, late of the town of Fairfield, deceased, brought to and reserved by the Superior Court in Fairfield County, Shumway, /., upon an agreed finding of facts, for the advice of this court.
Read the full summary
Suit to determine the construction and validity of certain provisions in the will of Charles Cornell, late of the town of Fairfield, deceased, brought to and reserved by the Superior Court in Fairfield County, Shumway, /., upon an agreed finding of facts, for the advice of this court. Charles Cornell died November 18th, 1883, domiciled in Fairfield, possessed of both real and personal property, and leaving a will executed May 7th, 1881, duly probated December 28th, 1883. Said Walter Cornell and Isaac B. Wilson were named as executors in said will, and resigned, and plaintiff was appointed…
1Opinion of the CourtWheelek, J.
The primary and usual meaning of a term used in a will is to govern, unless it appears from the context or the surrounding circumstances at the time the testator made the will he intended otherwise.
What the testator intended, if “sufficiently expressed” and “not contrary to some positive rule of law,” must prevail.
The remainder over, in the bequests for the benefit of his daughter Fannie in Article 8, section 2, “to her ' lawful issue and their descendants,” and in Article 9 “to her descendants forever”, violates the statute against perpetuities in existence at the decease of the testator,…
2Cases cited10 opinions
- Wolfe v. HathewaySupreme Court of Connecticut · 1908
- Connecticut Trust & Safe Deposit Co. v. HollisterSupreme Court of Connecticut · 1901
- Nicoll v. IrbySupreme Court of Connecticut · 1910
- Greene v. HuntingtonSupreme Court of Connecticut · 1900
- Farnam v. FarnamSupreme Court of Connecticut · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hoadley v. BeardsleySupreme Court of Connecticut · 1915
- Ryder v. LyonSupreme Court of Connecticut · 1912
- Beardsley v. JohnsonSupreme Court of Connecticut · 1926
- In re Irish's WillSupreme Court of Vermont · 1915
- Wallace v. WallaceSupreme Court of Connecticut · 1925
8 more not listed; retrieve them via the Exa API.