Blodgett v. American National Bank
Supreme Court of Connecticut
Bill in equity by the beneficiaries under a testamentary trust, to compel the redelivery to the trustee of certain stock claimed to have been improperly pledged to the respondent bank, and for an accounting for stock sold; brought to the Superior Court in Hartford County. The following facts were found by a committee: Roswell Blodgett, of the city of Hartford, died January 19th, 1875, testate, and leaving an estate amounting to $281,026, as inventoried in the probate court.
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Bill in equity by the beneficiaries under a testamentary trust, to compel the redelivery to the trustee of certain stock claimed to have been improperly pledged to the respondent bank, and for an accounting for stock sold; brought to the Superior Court in Hartford County. The following facts were found by a committee: Roswell Blodgett, of the city of Hartford, died January 19th, 1875, testate, and leaving an estate amounting to $281,026, as inventoried in the probate court. His will, which was duly proved, contained the following provisions: “ ¡Second. I direct that my estate, both real and…
1Opinion of the CourtPardee, J.
When articles of agreement for the formation of a partnership are silent as to the matter of the death of a partner, as a legal result that event terminates the contract, for the reason that the law presumes that each member entered into it relying upon the industry and special skill or general ability of every other.
But it is in the power of the contracting parties to waive this consideration and suspend the operation of the general rule of law; and in this, as in most other matters, the law permits individuals capable of acting to bind themselves while in life, and after death théir…
2Cited by4 opinions
- Hewitt v. SanbornSupreme Court of Connecticut · 1925
- Roberts v. HaleSupreme Court of Iowa · 1904
- Beste v. BurgerNew York Court of Common Pleas · 1885
- Gaess v. GaessSupreme Court of Connecticut · 1945