Legal Opinion

Stamford Trust Co. v. Lockwood

Supreme Court of Connecticut

Decided December 11, 1922PublishedCited by 14 opinions

Suit to determine the construction of the will of Andrew J. Bell of Stamford, deceased, brought to and reserved by the Superior Court in Fairfield County, Wolfe, J., upon the facts stated in the complaint and admitted in the answers, for the advice of this court.

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Suit to determine the construction of the will of Andrew J. Bell of Stamford, deceased, brought to and reserved by the Superior Court in Fairfield County, Wolfe, J., upon the facts stated in the complaint and admitted in the answers, for the advice of this court. On April 21st, 1907, Andrew J. Bell of Stamford died leaving a will executed April 15th, 1901, modified and confirmed by three codicils dated, respectively, March 21st, 1902, August 8th, 1904, and December 5th, 1906. By the original will the testator left his entire estate to the plaintiff trust company in trust for the following…

1Opinion of the CourtBeach, J.

In the recent case of Middletown Trust Co. v.Gaffey, 96 Conn. 61, 66, 112 Atl. 689, we said: “The term ‘issue/ in a will, is to be construed as a word of purchase, unless it appears from the context and surrounding circumstances to have been used as one of limitation. Its primary, and therefore presumptive, meaning, when used as a word of purchase, is heirs of the body, and includes descendants of every degree. But when the intention of the testator, as evinced by the context and surrounding circumstances, indicates that he used the word ‘issue/ not in its larger significance, but in its more…

2Cases cited10 opinions

  1. Close v. BenhamSupreme Court of Connecticut · 1921
  2. Lyon v. AckerSupreme Court of Connecticut · 1866
  3. Jackson v. AlsopSupreme Court of Connecticut · 1896
  4. Middletown Trust Co. v. GaffeySupreme Court of Connecticut · 1921
  5. Bond's Appeal from ProbateSupreme Court of Connecticut · 1862

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Colonial Trust Co. v. BrownSupreme Court of Connecticut · 1926
  2. Mooney v. TollesSupreme Court of Connecticut · 1930
  3. Ansonia National Bank v. KunkelSupreme Court of Connecticut · 1927
  4. Dolbeare v. DolbeareSupreme Court of Connecticut · 1938
  5. Mead v. CloseSupreme Court of Connecticut · 1932

9 more not listed; retrieve them via the Exa API.

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