Phillips v. Medbury
Supreme Court of Connecticut
This was an action of ejectment for two parcels of land in Plainfield; tried, on the general issue, at Brooklyn, January term, 1829, before Daggett, J. The jury returned a special verdict, presenting the following case. On the 19th of April 1823, Asa Phillips made his last will, and soon afterwards died, leaving a widow, three sons, Asa, Charles and John, and four daughters, Mary, the wife of Samuel Bow, Abigail, the wife of Caleb Clark, Thirza Clark and Patty Phillips.
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This was an action of ejectment for two parcels of land in Plainfield; tried, on the general issue, at Brooklyn, January term, 1829, before Daggett, J. The jury returned a special verdict, presenting the following case. On the 19th of April 1823, Asa Phillips made his last will, and soon afterwards died, leaving a widow, three sons, Asa, Charles and John, and four daughters, Mary, the wife of Samuel Bow, Abigail, the wife of Caleb Clark, Thirza Clark and Patty Phillips. After giving pecuniary legacies to each of his daughters, the testator proceeded thus : “ Item, I give and bequeath to my…
1Opinion of the CourtDaggett, J.
Charles Phillips, the plaintiff, claims the demanded premises, as residuary devisee under the will. He also insists, that as heir at law to his brother John, he is entitled to one sixth of the lands demanded, if not under the residuary devise.
The defendant urges, that the plaintiff cannot recover under the will, because lie has not complied with the condition, by paying the debts, legacies, &c. ; and also, that no part of the estate devised to John passed under the will of the father, but was vested in John, to be by him enjoyed, when he arrived at the age of twenty-one years.
In my judgment,…
2Cases cited1 opinion
- Barrett v. FrenchSupreme Court of Connecticut · 1815
3Cited by7 opinions
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- Chapin v. CookeSupreme Court of Connecticut · 1900
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