Chappel v. Avery
Supreme Court of Connecticut
This was an action of ejectment, for two pieces of land in Lebanon, tried, on the general issue, at Brooklyn, January term, 1825, before Brainard, J. The plaintiff claimed title to the land in question, by virtue of the will of his father, Gilbert Chappel, deceased; of which the clauses, material in this case, were these : “ I do hereby give and allow unto my beloved wife, Rebecca, the use and improvement of one third part of my home farm, during her widowhood ; also, the…
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This was an action of ejectment, for two pieces of land in Lebanon, tried, on the general issue, at Brooklyn, January term, 1825, before Brainard, J. The plaintiff claimed title to the land in question, by virtue of the will of his father, Gilbert Chappel, deceased; of which the clauses, material in this case, were these : “ I do hereby give and allow unto my beloved wife, Rebecca, the use and improvement of one third part of my home farm, during her widowhood ; also, the use of one third part of the buildings standing thereon.” “ I do likewise give to my beloved wife the use and improvement…
1Opinion of the CourtBristol, J.
The plaintiff’s title to the demanded premises depends on the will of Gilbert Chappel. The defendant married the widow of the testator, and by virtue of the will, claims, that in right of his wife, under the will, he is entitled to the possession of the land in question, till the plaintiff arrives at full age. The plaintiff claims, that the estate of his mother, was terminated, upon her intermarriage with the defendant: and the decision must depend on the intention of the testator, as collected from the different provisions of the will.
By the first clause in the will, the testator gives his…
2Cases cited1 opinion
- Dawes v. SwanMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Avery v. ChappelSupreme Court of Connecticut · 1826
- Sanford v. JacksonNew York Court of Chancery · 1843
- Kennard v. KennardSupreme Court of New Hampshire · 1884
- Martin v. BallouNew York Supreme Court · 1852
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