Brown's Appeal From Probate
Supreme Court of Connecticut
Appeals from orders and decrees of the Court of Probate for the district of North Stonington denying petitions for dower, taken to the Superior Court in New London County and reserved by that court, Thayer, J., upon a finding of facts, for the consideration and advice of this court. These cases were argued as one. Each appellant claimed dower upon the following state of facts,: — Lucius D. Brown, the decedent, had his domicil in North Stonington, New London county.
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Appeals from orders and decrees of the Court of Probate for the district of North Stonington denying petitions for dower, taken to the Superior Court in New London County and reserved by that court, Thayer, J., upon a finding of facts, for the consideration and advice of this court. These cases were argued as one. Each appellant claimed dower upon the following state of facts,: — Lucius D. Brown, the decedent, had his domicil in North Stonington, New London county. He died April 9th, 1897, possessed of a large amount of land situated in said town and other towns in this State. He was lawfully…
1Opinion of the CourtHamersley, J.
Section 618 * of the General Statutes, pro viding for dower, should be read in connection with § 630,* * providing for distribution, and § 2803, permitting both parties to a divorce to marry again. The appellants read § 618 as if it stood alone, and construe its language without reference to its history, as if it gave an absolute right to a life estate in one third‘of his land not only to a man’s widow, but in addition to each surviving woman who may have been divorced from him through his fault. Such a construction leads to results absurd and impracticable, which the legislature could not…
2Cases cited5 opinions
- Stewart v. StewartSupreme Court of Connecticut · 1824
- Baldwin v. WalkerSupreme Court of Connecticut · 1851
- Warden of Bridgeport v. HubbellSupreme Court of Connecticut · 1824
- Hale's Appeal from ProbateSupreme Court of Connecticut · 1897
- Stilson v. StilsonSupreme Court of Connecticut · 1878
3Cited by21 opinions
- State v. CourchesneSupreme Court of Connecticut · 2003
- State v. CourchesneSupreme Court of Connecticut · 2010
- Bridgeman v. City of DerbySupreme Court of Connecticut · 1926
- City of Stamford v. Town of StamfordSupreme Court of Connecticut · 1928
- McGovern v. MitchellSupreme Court of Connecticut · 1906
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