Atwater v. Barnes
Supreme Court of Connecticut
IN ERROR. This was an appeal from the judgment and decree of the of probate for the district of Wallingford, made on 10th day of December, 1832, accepting and allowing the administration account of the defendant, executor of the last will and testament of Chauncey Barnes, deceased. The appellant was one of the children of the deceased; and the appeal was taken, within the time limited by law, after his arrival at the age of twenty-one years.
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IN ERROR. This was an appeal from the judgment and decree of the of probate for the district of Wallingford, made on 10th day of December, 1832, accepting and allowing the administration account of the defendant, executor of the last will and testament of Chauncey Barnes, deceased. The appellant was one of the children of the deceased; and the appeal was taken, within the time limited by law, after his arrival at the age of twenty-one years. The account was the following: Chauncey Barnes’ Estate. Willis Atwater, in account with said estate. Dr. To amount of inventoried real estate, . .…
1Opinion of the CourtWaite, J.
We do not think the court erred, in allowing the executors, in their account, the charge of five hundred dollars, for repairing the house. An appropriation to that extent, was made in the will, for anew house. The testator *242clearly intended, that his widow and children should be provided with a comfortable habitation.
The only objection against this charge, is, that the expenditure was not made by the person appointed for that purpose in the will. The object of that provision evidently was, to secure a judicious application of the money. It was not for him to say, whether another house should…
2Cases cited1 opinion
- Goodrich v. HoweSupreme Court of Connecticut · 1810
3Cited by11 opinions
- Shelby Mutual Insurance v. Della GhelfaSupreme Court of Connecticut · 1986
- Pomeroy v. PrescottSupreme Judicial Court of Maine · 1910
- Hopkins' Appeal From ProbateSupreme Court of Connecticut · 1905
- First National Bank & Trust Co. v. McCoySupreme Court of Connecticut · 1938
- Ramsdell v. Union Trust Co.Supreme Court of Connecticut · 1987
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