Terry's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of the court of probate of the district of Plymouth, ordering a distribution of the estate of Edwin Terry, deceased. The facts which were agreed upon by the parties, were as follows :*—Eli Terry died in 1852, leaving eight children or their legal representatives by his first wife, and two children, Stephen and Edwin, by his second wife, and no widow. Stephen and Edwin, at the time of his death, were aged respectively ten and eight years.
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Appeal from a decree of the court of probate of the district of Plymouth, ordering a distribution of the estate of Edwin Terry, deceased. The facts which were agreed upon by the parties, were as follows :*—Eli Terry died in 1852, leaving eight children or their legal representatives by his first wife, and two children, Stephen and Edwin, by his second wife, and no widow. Stephen and Edwin, at the time of his death, were aged respectively ten and eight years. He left a will, by which he gave to Ins son Edwin certain personal property, and certain specified real estate. His estate was settled…
1Opinion of the CourtHinman, J.
The appellant has no reason to complain personally of the distribution of Edwin Terry’s estate. It is, in reality, altogether too favorable to the brothers and sisters of the half blood, of whom the appellant is one, and not sufficiently favorable to Stephen, the brother of the whole blood. He is, however, the administrator on the estate, and so far as the administrator may be said to represent the interests of those eventually entitled to it, in other words the heir, he unquestionably is interested to cause the decree complained of to be reversed. He took the appeal as administrator, though…
2Cited by3 opinions
- Welles's EstateSupreme Court of Pennsylvania · 1894
- Earl v. EarlSupreme Court of Arkansas · 1920
- Hale's Appeal from ProbateSupreme Court of Connecticut · 1897