Middletown Trust Co. v. Gaffey
Supreme Court of Connecticut
Action of interpleader to determine the rights of the respective respondents in and to the principal of a testamentary trust fund held by the plaintiff, brought to and tried by the Superior Court in Middlesex County, Hinman, J.; facts found and judgment rendered in favor of Dora Dillon and Herbert Gaffey, or their representatives, from which the respondent Margaret Faherty Gaffey appealed.
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Action of interpleader to determine the rights of the respective respondents in and to the principal of a testamentary trust fund held by the plaintiff, brought to and tried by the Superior Court in Middlesex County, Hinman, J.; facts found and judgment rendered in favor of Dora Dillon and Herbert Gaffey, or their representatives, from which the respondent Margaret Faherty Gaffey appealed. Thomas M. Gaffey, of New London, deceased on the day of March, 1905, leaving a will executed March 10th, 1905, and four children, Thomas F. Gaffey, Herbert H. Gaffey, Dora E. Dillon, and Eugene F. Gaffey,…
1Opinion of the CourtWheeler, C. J.
The entire decision rests upon the single question whether the term “issue,” as used in the seventh clause of this will, includes the adopted child of Eugene F. Gaffey, the son of the testator. The term “issue,” in a will, is to be construed as a word of purchase, unless it appears from the context and surrounding circumstances to have been used as one of limitation. Its primary, and therefore presumptive, meaning, when used as a word of purchase, is heirs of the body, and includes descendants in every degree. But when the intention of the testator, as evinced by the context and surrounding…
2Cases cited18 opinions
- In Re the Accounting of LeaskNew York Court of Appeals · 1910
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Puterbaugh's EstateSupreme Court of Pennsylvania · 1918
- Bartlett v. SearsSupreme Court of Connecticut · 1908
- Hoadley v. BeardsleySupreme Court of Connecticut · 1915
13 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Sontheimer v. PierceCalifornia Supreme Court · 1948
- In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
- Mooney v. TollesSupreme Court of Connecticut · 1930
- Wildman's Appeal From ProbateSupreme Court of Connecticut · 1930
- O'Brien v. WalkerHawaii Supreme Court · 1939
28 more not listed; retrieve them via the Exa API.