Hamilton v. Downs
Supreme Court of Connecticut
Amicable suit. Eli Akins died in 1869, leaving a will, which was duly proved, and of which the important parts are as follows:— “ Third.
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Amicable suit. Eli Akins died in 1869, leaving a will, which was duly proved, and of which the important parts are as follows:— “ Third. I give and bequeath to my friends George W. Ives and George Downs the sum of twenty-five hundred dollars, upon the special trust and confidence that they, said Ives and Downs, or the survivor of them, shall take and receive the same for the sole use and benefit of my brother John Akins, and that said trustees, or the survivor of them, shall invest, lay out and expend the same at their discretion for the comfortable support and maintenance during his natural…
1Opinion of the CourtMcCurdy, J.
The language of the 3d section of this will is very similar to that upon which the court put a construction in the case of Hamilton v. Crosby, 32 Conn., 342.
There Andrew Akins had given a share of the property to David Foot, in trust for the benefit of his imbecile son John, with direction to the trustee to apply the rents and interest, and if necessary a part of the principal to his support, comfort and convenience. It was held that John Akins took an absolute interest, subject to the management during his life of the trustees, and that upon his death the estate descended to his heirs.
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2Cases cited1 opinion
- Hamilton v. CrosbySupreme Court of Connecticut · 1865
3Cited by3 opinions
- Ansonia National Bank v. KunkelSupreme Court of Connecticut · 1927
- In re the Judicial Settlement of the Account of Proceedings of DibbleNew York Surrogate's Court · 1912
- Holcomb v. PalmerSupreme Judicial Court of Maine · 1909