Legal Opinion

Eliot's Appeal From Probate

Supreme Court of Connecticut

Decided March 5, 1902PublishedCited by 27 opinions

Appeal by the heirs at law of Betsey Bradley from a decree of the Court of Probate for the district of New Haven, ordering the residue of her personal property, amounting to $478,000, to be distributed to the residuary legatees named in her will, taken to the Superior Court in New Haven County and reserved by that court, Shumway, J., upon a demurrer to the reasons of appeal, for the consideration and advice of this court.* The material portions of the will of Betsey Bradley…

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Appeal by the heirs at law of Betsey Bradley from a decree of the Court of Probate for the district of New Haven, ordering the residue of her personal property, amounting to $478,000, to be distributed to the residuary legatees named in her will, taken to the Superior Court in New Haven County and reserved by that court, Shumway, J., upon a demurrer to the reasons of appeal, for the consideration and advice of this court.* The material portions of the will of Betsey Bradley were as follows: — “ Ninth. I give, devise and bequeath to my trustee hereinafter named, my homestead in New Haven, with…

1Opinion of the CourtBaldwin, J.

The Ladies’ Seamen’s Friend Society of New Haven, at the decease of the testatrix, was incorporated. “ for the purpose of aiding the destitute seamen who may frequent the port of said city, and of endeavoring to benefit the temporal and spiritual interests of such seamen as chance or commerce may bring to said port.” The legacy in its favor, now in question, was given “for the aiding of destitute seamen.” The mode of expenditure thus prescribed falls directly within the first of its corporate purposes.

The legacy amounts to over $150,000, and the appellants correctly claim that the limitation…

2Cases cited19 opinions

  1. Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
  2. Old South Society v. CrockerMassachusetts Supreme Judicial Court · 1875
  3. Woodruff v. MarshSupreme Court of Connecticut · 1893
  4. Dalley v. City of New HavenSupreme Court of Connecticut · 1891
  5. Mack's Appeal from ProbateSupreme Court of Connecticut · 1898

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3Cited by27 opinions

  1. In Re the Probate of the Will of MacDowellNew York Court of Appeals · 1916
  2. Shannon v. EnoSupreme Court of Connecticut · 1935
  3. McAdam v. SheldonSupreme Court of Connecticut · 1965
  4. Hewitt v. BeattieSupreme Court of Connecticut · 1927
  5. Chapman v. NewellSupreme Court of Iowa · 1910

22 more not listed; retrieve them via the Exa API.

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