Norton v. Mortensen
Supreme Court of Connecticut
Suit to determine the construction of the will of Sidney P. Ensign of Salisbury, deceased, brought to and reserved by the Superior Court in Litchfield County, Curtis, J., for the advice of this court. Sidney P. Ensign, late of Salisbury, died July 24th, 1896, leaving both real and personal estate and a will duly probated.
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Suit to determine the construction of the will of Sidney P. Ensign of Salisbury, deceased, brought to and reserved by the Superior Court in Litchfield County, Curtis, J., for the advice of this court. Sidney P. Ensign, late of Salisbury, died July 24th, 1896, leaving both real and personal estate and a will duly probated. By this will he gave the life use of all his property to his wife, Jane E. Ensign, with a limitation over expressed as follows: “Upon the decease of my said wife I give and devise and bequeath all my estate unto my children to be equally divided between them, share and share…
1Opinion of the CourtPrentice, C. J.
Mrs. Mortensen, as the only child of the testator who survived her mother, the life tenant, claims to.be entitled to receive from the plaintiff, 'as administrator of her father’s estate, all of the property-now in his hands for distribution. She contends that the gift over to the testator’s children was one to a class, and that, since the vesting in enjoyment and possession was postponed to the death of the life tenant, the membership of the class was to be determined as of that time. Here are two independent propositions. The first is well made, in that the gift is one to a class in the…
2Cases cited17 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Doe v. ConsidineSupreme Court of the United States · 1868
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Allen v. AlmySupreme Court of Connecticut · 1913
- Belfield v. BoothSupreme Court of Connecticut · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Hoadley v. BeardsleySupreme Court of Connecticut · 1915
- Close v. BenhamSupreme Court of Connecticut · 1921
- In Re Quick's EstateWashington Supreme Court · 1949
- Estate of RitzmanCalifornia Supreme Court · 1921
17 more not listed; retrieve them via the Exa API.