Legal Opinion

Gay v. Dibble

Supreme Court of Connecticut

Decided February 13, 1900PublishedCited by 1 opinion

Action to quiet and settle the title to certain real estate devised by will, brought to the Superior Court in Hartford County, and reserved by that court, Ror aback, J., upon a finding of facts, for the consideration and advice of this court. All the parties based their claims upon the will of Oliver Clark, deceased, the material portions of which are as follows :— “ 1st. I will that all my just debts and obligations be paid. 2d.

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Action to quiet and settle the title to certain real estate devised by will, brought to the Superior Court in Hartford County, and reserved by that court, Ror aback, J., upon a finding of facts, for the consideration and advice of this court. All the parties based their claims upon the will of Oliver Clark, deceased, the material portions of which are as follows :— “ 1st. I will that all my just debts and obligations be paid. 2d. I give, devise and bequeath to my dear wife, Mary Ann Clark, the use and income of all my real estate situated in the towns of East Granby and East Windsor, during…

1Opinion of the CourtAndrews, C. J.

The primary gift in the will of Oliver Clark, which is the subject of discussion in this case, is expressed in these words: “ All the remainder of my estate I give and bequeath to my grandddaughter Alice M. Gay, daughter of Wm. P. Gay, and the said Alice shall own in fee simple at the death of my wife all my real estate the use of which I have hereinbefore devised to my wife.”

The subsequent gift in the will is this: “In case of death of said Alice during her minority—or without issue or children afterward—then the bequest to Alice shall be distributed and divided as follows: one half of said…

2Cases cited4 opinions

  1. Mansfield v. SheltonSupreme Court of Connecticut · 1896
  2. Walsh v. McCutcheonSupreme Court of Connecticut · 1898
  3. Webb v. LinesSupreme Court of Connecticut · 1888
  4. Browning v. SouthworthSupreme Court of Connecticut · 1898

3Cited by1 opinion

  1. Scanlin v. PetersonSupreme Court of Connecticut · 1926

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