Jackson v. Bevins
Supreme Court of Connecticut
Suit to determine the construction of the will of John Jackson of Ansonia, deceased, brought to the Superior Court in New Haven County and reserved by that court, Ralph Wheeler, J., upon the facts stated in the complaint, for the consideration and advice of this court. The testator died on the 12th day of August, 1899. He left a will properly executed to pass real and personal property, which after his death was duly proved and established in the Court of Probate.
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Suit to determine the construction of the will of John Jackson of Ansonia, deceased, brought to the Superior Court in New Haven County and reserved by that court, Ralph Wheeler, J., upon the facts stated in the complaint, for the consideration and advice of this court. The testator died on the 12th day of August, 1899. He left a will properly executed to pass real and personal property, which after his death was duly proved and established in the Court of Probate. The plaintiff, who was his widow, was named in the will as the executrix. She qualified and entered upon her duty as such. She…
1Opinion of the CourtAndrews, C. J.
So far as appears, the testator, at the time he made his will, owed no other debt than the one secured by a mortgage on the land devised to Mrs. Bevins. At later dates he incurred two other debts, each to the Ansonia Savings Bank, one for $2,000, the other for $1,000, and each secured by several mortgages on the two pieces of land devised to his wife. It is the existence of these latter debts which gives rise to the doubts sought to be resolved by this action.
Primarily the debts of any deceased person are payable out of his personal property. His real estate is not to be taken for such…
2Cases cited3 opinions
- Shelton v. HadlockSupreme Court of Connecticut · 1892
- Turner v. LairdSupreme Court of Connecticut · 1896
- Farmington Savings Bank v. CurranSupreme Court of Connecticut · 1899
3Cited by4 opinions
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
- Hewitt v. SanbornSupreme Court of Connecticut · 1925
- Higinbotham v. ManchesterSupreme Court of Connecticut · 1931
- Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926