Adye v. Smith
Supreme Court of Connecticut
Amicable submission upon an agreed statement of facts; made to the Superior Court in New Haven County. Anna M. Adye of New Haven died on tlie first day of November, 1874, leaving a will, duly executed on the 81st day of August, 1859, which contained the following clauses: “After the payment of my just debts, my funeral expenses, and the expenses of settling my'estate, and the expenses of a suitable grave stone or monument to be erected to my memory, I give, devise and…
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Amicable submission upon an agreed statement of facts; made to the Superior Court in New Haven County. Anna M. Adye of New Haven died on tlie first day of November, 1874, leaving a will, duly executed on the 81st day of August, 1859, which contained the following clauses: “After the payment of my just debts, my funeral expenses, and the expenses of settling my'estate, and the expenses of a suitable grave stone or monument to be erected to my memory, I give, devise and bequeath, to George P. Smith, of said New Haven, all the rest, residue and remainder of my estate of every description…
1Opinion of the CourtLoomis, J.
The testatrix by her last will appointed - a trustee and attempted to dispose of the remainder of her estate in trust by the use of the following language: “ It is my will that said trustee shall dispose of such remainder for any and all benevolent purposes that he may see fit, and at Ms option.”
*67The question is, whether this language is sufficiently certain to uphold the trust, and divert the estate from the lawful heirs.
If this disposition is tested by the common law rules it is clearly invalid. By the common law there cannot be a valid bequest to an indefinite object, or a valid use without…
2Cases cited4 opinions
- Chamberlain v. StearnsMassachusetts Supreme Judicial Court · 1873
- White v. FiskSupreme Court of Connecticut · 1852
- Town of Hamden v. RiceSupreme Court of Connecticut · 1856
- Smith v. SmithSupreme Court of Connecticut · 1861
3Cited by33 opinions
- Jones v. HabershamSupreme Court of the United States · 1883
- Shannon v. EnoSupreme Court of Connecticut · 1935
- Mitchell v. ReevesSupreme Court of Connecticut · 1938
- In Re the Estate of BeekmanNew York Court of Appeals · 1921
- Averill v. LewisSupreme Court of Connecticut · 1927
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