Johnson v. Connecticut Bank
Supreme Court of Connecticut
This was a bill in chancery, praying for an injunction. The plaintiffs alleged, that on the 25th day of October, 1846, Samuel W. Johnson died, leaving a will, by which he gave and devised to his wife Susan, the use of one-half of all his real estate, during her life, and one moiety of all his personal property, for her sole use and benefit.
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This was a bill in chancery, praying for an injunction. The plaintiffs alleged, that on the 25th day of October, 1846, Samuel W. Johnson died, leaving a will, by which he gave and devised to his wife Susan, the use of one-half of all his real estate, during her life, and one moiety of all his personal property, for her sole use and benefit. And to avoid the trouble of an inventory of the personal property in his dwelling-house, she was permitted to take the whole, at 2,000 dollars, or deliver any part of it to his children, at such a valuation, as might be agreed upon, by her and them. All…
1Opinion of the CourtWaite, J.
We see no ground upon which the present suit can be maintained.
1. It is, in the first place, said, that upon the death of the testator, the legal title to the personal property vested in the plaintiffs, as executors; and that they are accountable to the creditors and legatees for all that comes into their hands. This is undoubtedly so; and that title still remains in them, unless they have parted with it, in whole or in part. Beecher v. Buckingham, 18 Conn. R. 120, 1. Perkins, admr. v. Stone & al. 18 Conn. R. 277. Roorbach v. Lord & al. 4 Conn. R. 347. Taber v. Packwood, 1 Day, 151.
But, in…
2Cited by11 opinions
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- St. John v. DannSupreme Court of Connecticut · 1895
- Burchett v. RoncariSupreme Court of Connecticut · 1980
- Hall v. PiersonSupreme Court of Connecticut · 1893
- Wooten's Trustee v. HardyCourt of Appeals of Kentucky (pre-1976) · 1927
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