Clark v. Baker
Supreme Court of Connecticut
Suit to determine the construction of the will of Mary E. Baker of Goshen, deceased, brought to and tried by the Superior Court in Litchfield County, Bennett, J.; facts found and judgment rendered adverse to the claims of Ethel G. Baker Palmer, from which she appeals.
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Suit to determine the construction of the will of Mary E. Baker of Goshen, deceased, brought to and tried by the Superior Court in Litchfield County, Bennett, J.; facts found and judgment rendered adverse to the claims of Ethel G. Baker Palmer, from which she appeals. Mary E. Baker died July 7th, 1911, leaving a will duly probated by which she made the following disposition of her estate: “I give, devise and bequeath all of my estate both real and personal to my husband, Jacob Baker, his heirs and assigns, but it is my wish and desire that after his decease so much as is left unused by him be…
1Opinion of the CourtPrentice, C. J.
The disposing portion of the will under consideration is confined to a single sentence forming the second paragraph. In the first half of that sentence the testator used language apt for a devise in fee of realty and for an absolute bequest of personalty. If the will had stopped at that point there could be no doubt that Jacob Baker, upon the death of his wife, became vested with the fee in her real estate and with the absolute ownership of her personal property. A devise in fee or absolute gift once made in terms may, however, be cut down to a lesser estate by subsequent provisions clearly…
2Cases cited3 opinions
- Mansfield v. SheltonSupreme Court of Connecticut · 1896
- Plaut v. PlautSupreme Court of Connecticut · 1908
- Strong v. ElliottSupreme Court of Connecticut · 1911
3Cited by9 opinions
- Connecticut Bank & Trust Co. v. LymanSupreme Court of Connecticut · 1961
- Deladson v. CrawfordSupreme Court of Connecticut · 1919
- Cumming v. PendletonSupreme Court of Connecticut · 1931
- Hull v. HullSupreme Court of Connecticut · 1924
- Meriden Trust & Safe Deposit Co. v. SquireSupreme Court of Connecticut · 1918
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