Seeley v. Hincks
Supreme Court of Connecticut
Action for an accounting and the recovery of a legacy alleged to he payable from the estate of the late Phineas T. Barnum; brought to the Superior Court in Fairfield County and tried to the court, Balph Wheeler, J.; facts found and case reserved for the advice of this court. The case is sufficiently stated in the opinion.
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Action for an accounting and the recovery of a legacy alleged to he payable from the estate of the late Phineas T. Barnum; brought to the Superior Court in Fairfield County and tried to the court, Balph Wheeler, J.; facts found and case reserved for the advice of this court. The case is sufficiently stated in the opinion. I. The construction of this will should incline in favor of the legatee, and technical rules must never be applied so as to defeat the plain and manifest intention of the testator. Miller v. Miller, 17 Ore., 423 ; Jerome v. Ortman, 66 Mich., 668; Witt v. St. Paul, etc., 38…
1Opinion of the CourtTobuaece, J.
This action is brought to recover money claimed to be due under the second article of a certain codicil to the will of the late Phineas T. Barnum, dated September 24th, 1890, which reads as follows: “ It is my will and I hereby authorize and direct my executors to pay to my eldest grandson, Clinton Barnum Seeley, three per cent of the net profits on the share of my estate annually in such shows, which my estate shall have an interest in after my decease, if said Clinton Barnum Seeley shall faithfully devote so much of his personal attention to the interests of such *7shows, and of my estate in…
2Cases cited4 opinions
- Young v. . HunterNew York Court of Appeals · 1852
- Johnson v. WarrenMichigan Supreme Court · 1889
- Miller v. WardSupreme Court of Connecticut · 1818
- Page v. Frazer's ExecutorsCourt of Appeals of Kentucky · 1878
3Cited by13 opinions
- State v. BlakeSupreme Court of Connecticut · 1897
- Marlin v. KellyCourt of Appeals of Texas · 1984
- Lange v. Houston Bank & Trust Co.Court of Appeals of Texas · 1946
- Mary Bridge Hospital, Inc. v. Van VlackWashington Supreme Court · 1953
- Brady v. NicholsCourt of Appeals of Texas · 1957
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