Slattery v. Woodin
Supreme Court of Connecticut
Appeal from an order and decree of the Court of Probate for the District of Danbury distributing the estate of Peter T. Currie of Danbury, deceased, to the defendant Woodin as the sole heir at law of said decedent, taken by the plaintiffs to the Superior Court in Fairfield County and tried by the court, Curtis, J., after the plaintiffs’ motion for a jury trial had been denied; facts found and judgment rendered for the defendant confirming the decree of the Court of Probate,…
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Appeal from an order and decree of the Court of Probate for the District of Danbury distributing the estate of Peter T. Currie of Danbury, deceased, to the defendant Woodin as the sole heir at law of said decedent, taken by the plaintiffs to the Superior Court in Fairfield County and tried by the court, Curtis, J., after the plaintiffs’ motion for a jury trial had been denied; facts found and judgment rendered for the defendant confirming the decree of the Court of Probate, from which the plaintiffs appealed for alleged error of the trial court in denying their motion for a trial to the jury.…
1Opinion of the CourtBeach, J.
Since 1826 our statutes have provided for a jury trial in appeals from probate involving the validity of a will, but not in other appeals from probate; thus plainly excluding from the jury docket all appeals from probate except those involving the validity of a will or paper purporting to be such; and by the common consent of the profession this always has been so understood.
The appellants, however, claim that if such is the effect of the present statute (Chapter 178 of the Public Acts of 1911, p. 1440), it is unconstitutional because the statutes in force at the adoption of the Constitution…
2Cases cited6 opinions
- Mack's Appeal from ProbateSupreme Court of Connecticut · 1898
- Hewitt's Appeal from ProbateSupreme Court of Connecticut · 1885
- Wilson v. WarnerSupreme Court of Connecticut · 1911
- Mallory's Appeal From ProbateSupreme Court of Connecticut · 1892
- Crosby v. Vermont Accident InsuranceSupreme Court of Vermont · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Dettenborn v. Hartford-National Bank & Trust Co.Supreme Court of Connecticut · 1936
- Palmer v. ReevesSupreme Court of Connecticut · 1935
- Carbone v. Zoning Board of Appeals of HartfordSupreme Court of Connecticut · 1940
- City of Waterbury v. Waterbury Police UnionSupreme Court of Connecticut · 1979
- Chieppo v. Robert E. McMichael, Inc.Supreme Court of Connecticut · 1975
39 more not listed; retrieve them via the Exa API.