Bull v. Bull
Supreme Court of Connecticut
This was a bill in chancery. The case was as follows. On the 5th of October, 1799, William Bull of Litchfield made his will, by which, after making provision for his wife and certain other relatives, and giving the use of the property in question to her, during life, he devised thus: “All the rest and residue and remainder of my estate, both real and personal, I give and bequeath unto my two brothers James Bull and Thomas Bull, whom I make and appoint my executors to this my…
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This was a bill in chancery. The case was as follows. On the 5th of October, 1799, William Bull of Litchfield made his will, by which, after making provision for his wife and certain other relatives, and giving the use of the property in question to her, during life, he devised thus: “All the rest and residue and remainder of my estate, both real and personal, I give and bequeath unto my two brothers James Bull and Thomas Bull, whom I make and appoint my executors to this my last will and testament, with full confidence that they will settle my estate according to this my will, and that they…
1Opinion of the CourtDaggett, J.
1. The first question raised by the defendants, is, whether a trust is created by this will in favour of the brothers and sisters and their children. On this point there can be no doubt. The words used are not only recommendatory, but imperative. The executors are directed to settle his estate according to his will, and to dispose of it among his brothers and sisters and their children. The cases on the point are all one way. Pierson v. Garnet & al. 2 Bro. Ch. Ca. 38. 226. Harding v. Glynn, 1 Atk. 469. Malim v. Keighley, 2 Ves. jun. 333. 335. Paul v. Compton, 8 Ves. jun. 380. Parsons v.…
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