Bond's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of the probate court of the district of Canterbury, ordering a distribution of the real estate of George S. White, deceased.
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Appeal from a decree of the probate court of the district of Canterbury, ordering a distribution of the real estate of George S. White, deceased. George S. White died in 1852, leaving a will dated January 9th, 1.852, which contained the following devise : — “ Secondly, I give and devise to my beloved wife Mary White, all my real estate, as long as she shall remain my widow; but on her decease or marriage, the remainder thereof I give and devise to my children and their heirs respectively, to be divided in equal shares between them.” At the time of the execution of the will, and at the time of…
1Opinion of the CourtHinman, C. J.
Taking into consideration the condition of the testator’s family at the time he made his will, and which remained the same up to the time of his decease, and with this aid interpreting the language of the will, we have no doubt that he intended to make the same provision for the representatives of his deceased children as for those who survived him. The only question in the case is, whether he has expressed this intention so that we can give effect to it consistently with the rules of law. Now the main object of the testator was undoubtedly to make a suitable provision for his widow. This he…
2Cited by19 opinions
- Woodruff v. MarshSupreme Court of Connecticut · 1893
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- Rivenett v. BourquinMichigan Supreme Court · 1884
- Anderson v. WilsonSupreme Court of Iowa · 1912
- Jacobs v. ButtonSupreme Court of Connecticut · 1906
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