Legal Opinion

Clement's Appeal from Probate

Supreme Court of Connecticut

Decided January 15, 1882PublishedCited by 17 opinions

Appeal from a decree of the probate court of- the district of Hartford, allowing the administration account pf Charles H. Brainard, as executor of the will of James M. Goodwin, deceased; taken to the Superior Court in Hartford County. The appellants were legatees and devisees under the will. The testator died March 30th, 1870. The will was executed February 2d, 1870. The parts important to the present case are as follows:— “ Fifth.

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Appeal from a decree of the probate court of- the district of Hartford, allowing the administration account pf Charles H. Brainard, as executor of the will of James M. Goodwin, deceased; taken to the Superior Court in Hartford County. The appellants were legatees and devisees under the will. The testator died March 30th, 1870. The will was executed February 2d, 1870. The parts important to the present case are as follows:— “ Fifth. I direct that all the rest, residue and remainder of my estate, (except the interest that I have in the real estate in West Hartford, now occupied by my son Henry…

1Opinion of the CourtCarpenter, J.

This is an appeal from the decree of the court of probate allowing the administration account of Charles H. Brainard, executor of the will of James M. Goodwin, deceased.

The reasons of appeal call in question several items of the account in which the executor charges the estate with the expenses of litigation during the settlement, claim that the executor has not credited all the income he has received, and raise some questions relating to interest. There are also involved in the controversy some questions relating to the application of some portions of the income to the payment of his own…

2Cases cited2 opinions

  1. Doughty v. SavageSupreme Court of Connecticut · 1859
  2. Mix's Appeal from ProbateSupreme Court of Connecticut · 1868

3Cited by17 opinions

  1. Reiley v. HealeySupreme Court of Connecticut · 1936
  2. In Re Krueger's EstateWashington Supreme Court · 1941
  3. Phillips v. MoellerSupreme Court of Connecticut · 1960
  4. Clifton F. Weidlich v. Arthur M. ComleyCourt of Appeals for the Second Circuit · 1959
  5. Guthrie v. WheelerSupreme Court of Connecticut · 1884

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