Horton, Admr. v. Upham
Supreme Court of Connecticut
Suit to determine the construction of the will of Jonathan C. Upham, late of Union, deceased, brought to the Superior Court in Tolland County and tried to the court, Ralph Wheeler, J., upon the facts stated in the complaint and answers. The court rendered judgment sustaining in the main the claims of the Congregational Ecclesiastical Society of Union, and Arthur H. Upham, another legatee and devisee, appealed for alleged errors in the rulings of the court.
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Suit to determine the construction of the will of Jonathan C. Upham, late of Union, deceased, brought to the Superior Court in Tolland County and tried to the court, Ralph Wheeler, J., upon the facts stated in the complaint and answers. The court rendered judgment sustaining in the main the claims of the Congregational Ecclesiastical Society of Union, and Arthur H. Upham, another legatee and devisee, appealed for alleged errors in the rulings of the court. The will, after some small pecuniary bequests, contained this residuary provision: — “ I give and demise unto my grandson, Arthur H.…
1Opinion of the CourtBaldwin, J.
The residuary clause created an estate tail by implication in the testator’s grandson, both as to the real and personal estate, and gave the Congregational Society a contingent remainder in the real estate, dependent upon the decease of the first taker without leaving surviving issue, and an interest by way of executory devise in the personal estate. Hudson v. Wadsworth, 8 Conn. 348, 362; St. John v. Dann, 66 id. 401, 409, 410.
The provision that “ at the death of said Arthur H. Upham the proceeds of the same shall be paid to the ” society, did not require the conversion of the property into…
2Cases cited5 opinions
- Hudson v. WadsworthSupreme Court of Connecticut · 1831
- Crosby v. MasonSupreme Court of Connecticut · 1865
- Miles v. StrongSupreme Court of Connecticut · 1892
- Lawlor v. HolohanSupreme Court of Connecticut · 1897
- Stone v. McEckronSupreme Court of Connecticut · 1889
3Cited by19 opinions
- Gardner v. AndersonSupreme Court of Kansas · 1924
- Calder's EstateSupreme Court of Pennsylvania · 1941
- O'Leary v. Industrial Park Corp.Supreme Court of Connecticut · 1989
- Bronson v. PinneySupreme Court of Connecticut · 1943
- Chase National Bank v. SchleussnerSupreme Court of Connecticut · 1933
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