Gridley v. Andrews
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery for the payment of a legacy from the proceeds of the real estate of the testator. The case, as stated in the bill and answer, and found by the court, was as follows.
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IN ERROR. This was a bill in chancery for the payment of a legacy from the proceeds of the real estate of the testator. The case, as stated in the bill and answer, and found by the court, was as follows. In 1819, Josiah Andrews of Southington, made his will, by which he gave to his wife Ruth, the sum of 200 dollars in addition to what he was bound to give her, by an agreement between them before marriage; to each of his daughters, Zerish Newell, Lois Gridley, Susanna Gridley, Lucy Tharpe and Paulina Wilcox, he gave the sum of 500 dollars, in addition to such sums as he might see fit to give…
1Opinion of the CourtBissell, J.
The only question is, whether the legacies given by the will, are chargeable on the real estate, devised to Josiah B. Andrews.
It has been contended, that it was obviously the intention of the testator, that these legacies should be paid; and that the intention ought to govern. It is undoubtedly true, in giving a construction to a last will and testament, the intent of the testator is to prevail. And it is equally true, that in ascertaining this intent, certain established principles are to be observed. Was it the intent of the testator, that the legacies in question were to be charged on his…
2Cases cited1 opinion
- Swift v. EdsonSupreme Court of Connecticut · 1825
3Cited by9 opinions
- Myers v. EddyNew York Supreme Court · 1866
- Wells v. CooperSupreme Court of Connecticut · 1888
- Thomas v. RectorWest Virginia Supreme Court · 1883
- Olmstead v. BrushSupreme Court of Connecticut · 1858
- Rinehart v. RinehartWest Virginia Supreme Court · 1925
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