Legal Opinion

Booth's Appeal from Probate

Supreme Court of Connecticut

Decided August 15, 1868PublishedCited by 6 opinions

Appeal, by the executor of the will of Cynthia Booth, from the allowance of a claim by the commissioners on her estate, in favor of Cyrus Peck and others. The following facts were found by an arbitor to whom the case was referred.

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Appeal, by the executor of the will of Cynthia Booth, from the allowance of a claim by the commissioners on her estate, in favor of Cyrus Peck and others. The following facts were found by an arbitor to whom the case was referred. Isaac Peck, with seven brothers and sisters had inherited a tract of land from their brother, Asa Peck, previous to the year 1842. In March, 1842, it was agreed among them by parol that the land should be sold and the proceeds invested in another piece of land called the Jones place, and that the latter should be conveyed to the said Isaac Peck, to be held in trust…

1Opinion of the CourtButler, J.

It appears from the finding in this case that the claimants, or those whom they represent, as heirs at law of Asa Peck, deceased, furnished to their brother, Isaac Peck, a certain amount of money, pursuant to an agreement that it should be used by him in the purchase of a place, to be held by him in trust, for the use and benefit of their mother during her life, and on her decease for the use and benefit of said heirs. The case differs from the ordinary case, where money is furnished by one party to another party, to enable the former to purchase property and hold in his own name for the…

2Cited by6 opinions

  1. Jackson v. JacksonSupreme Court of Georgia · 1920
  2. Ward v. WardSupreme Court of Connecticut · 1890
  3. Corr's Appeal From CommissionersSupreme Court of Connecticut · 1892
  4. Barrows v. BohanSupreme Court of Connecticut · 1874
  5. Wilson v. WarnerSupreme Court of Connecticut · 1915

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