Legal Opinion

Dickinson

Supreme Court of Connecticut

Decided September 15, 1875PublishedCited by 25 opinions

Appeal from a decree of a probate court approving the will of Eliza J. Cotton, deceased; taken to the Superior Court in Middlesex County.

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Appeal from a decree of a probate court approving the will of Eliza J. Cotton, deceased; taken to the Superior Court in Middlesex County. The appellees, the executors of the will, filed the following plea in abatement of the appeal: • That the appellants ought not further to prosecute their appeal, nor ought the court to entertain further cognizance of the same, because the appellees say, that the said appellants had not at any time, either when said decree was passed or when said appeal was taken, nor have at this present time,' any right, title or interest in or to the estate of the said…

1Opinion of the CourtFoster, J.

The appellants are the grandsons, of Mary Cotton, their mother being her illegitimate daughter. Mary Cotton was a sister of the testatrix, Eliza J. Cotton, and it is from the decree of the court of probate approving her last will that this appeal was taken. The mother and grandmother of the appellants had been dead some fifteen years at the time of the death of the testatrix, who was a single woman, having never been married. She left no parents, no brothers or sisters, and no blood relations, unless the appel« *500lants are to be so considered, nearer than cousins. In the Superior Court the…

2Cases cited15 opinions

  1. Stevenson's Heirs v. SullivantSupreme Court of the United States · 1820
  2. Heath v. WhiteSupreme Court of Connecticut · 1824
  3. Pratt v. AtwoodMassachusetts Supreme Judicial Court · 1871
  4. Moore v. Estate of MooreSupreme Court of Vermont · 1862
  5. Town of Burlington v. FosbySupreme Court of Vermont · 1834

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3Cited by25 opinions

  1. Nagle v. WoodSupreme Court of Connecticut · 1979
  2. Piccinim v. Connecticut Light & Power Co.Supreme Court of Connecticut · 1919
  3. Pelak v. KarpaSupreme Court of Connecticut · 1959
  4. State v. WolfeSupreme Court of Connecticut · 1968
  5. Eaton v. EatonSupreme Court of Connecticut · 1914

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