Gates v. Treat
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought by Samuel Gates against James S, Treat, seeking the correction of a mistake, made by the freeholders appointed by the court of probate to distribute the estate of Miner Robins among his heirs, in making their return of such distribution.
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IN ERROR. This was a bill in chancery, brought by Samuel Gates against James S, Treat, seeking the correction of a mistake, made by the freeholders appointed by the court of probate to distribute the estate of Miner Robins among his heirs, in making their return of such distribution. The bill stated, That Miner Robins, who died intestate, in the year 1830, was, at the time of his death, well seised and possessed of a certain tract of land, containing about forty acres; that he left seven children, and six grand-children, (the' latter being the children of a deceased daughter,) to whom said…
1Opinion of the Court
- Himman, J.
That the court of probate had power, by vir- — tue of the statute relating to the settlement of estates, to make partition of the lands in controversy among the heirs of Miner Robins, has not been, and cannot be, denied. This power is expressly given to that court; and the mode in. which it shall be exercised, through the intervention of freeholders to be appointed to make the distribution, is specifically pointed out in the statute. St at, 23-1. lit. 31. c. 1. s. 29. (ed. 1838.) It is equally clear, that the decree of a court of probate, in a matter within its jurisdiction, is as…
2Cases cited1 opinion
- Goodrich v. HoweSupreme Court of Connecticut · 1810
3Cited by10 opinions
- State v. BlakeSupreme Court of Connecticut · 1897
- Ruth v. OberbrunnerWisconsin Supreme Court · 1876
- Delehanty v. PitkinSupreme Court of Connecticut · 1904
- Hartford National Bank & Trust Co. v. Malcolm-SmithSupreme Court of Connecticut · 1942
- Hotchkiss' Appeal From ProbateSupreme Court of Connecticut · 1915
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