Legal Opinion

State v. Main

Supreme Court of Connecticut

Decided June 13, 1913PublishedCited by 5 opinions

Action upon a probate bond to recover damages for an alleged wrongful payment by a trustee to a legatee of accrued interest on the amount of his legacy, brought to and tried by the Court of Common Pleas in New London County, Waller, J.; facts found and judgment rendered for the plaintiff for $257.76, and appeal by the defendants. Error and judgment for defendants directed. The will of Seth.

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Action upon a probate bond to recover damages for an alleged wrongful payment by a trustee to a legatee of accrued interest on the amount of his legacy, brought to and tried by the Court of Common Pleas in New London County, Waller, J.; facts found and judgment rendered for the plaintiff for $257.76, and appeal by the defendants. Error and judgment for defendants directed. The will of Seth. Main, who died in August, 1903, duly probated, contained the following paragraph: “Fifth. I give to my grandson, Ernest Nathaniel Main, the sum of one thousand dollars, to be paid to him on his arriving at…

1Opinion of the CourtPrentice, C. J.

The recital of facts contained in the finding is substantially identical with the allegations of the complaint, and substantially the same questions are presented by a demurrer to the latter overruled, and by the claims of law made by the defendant upon the trial. Several questions are thus presented; but we have occasion to consider only one of them, and that the fundamental one as to whether or not the interest payment made to Ernest was wrongful as giving him something which was not his due under the provisions of his grandfather’s will. It is manifest and un questioned that, if these…

2Cases cited6 opinions

  1. Dale v. WhiteSupreme Court of Connecticut · 1866
  2. Lewis v. LewisSupreme Court of Connecticut · 1902
  3. Newberry v. HinmanSupreme Court of Connecticut · 1881
  4. Eldridge v. EldridgeMassachusetts Supreme Judicial Court · 1852
  5. Estate of YostSupreme Court of Pennsylvania · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Meriden Trust & Safe Deposit Co. v. SquireSupreme Court of Connecticut · 1918
  2. Bridgeport Trust Co. v. MarshSupreme Court of Connecticut · 1913
  3. Buchanan v. HunterSupreme Court of Iowa · 1914
  4. Bridgeport-City Trust Co. v. ListerSupreme Court of Connecticut · 1953
  5. United States Trust Co. of New York v. SheltonSupreme Court of Connecticut · 1943

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