Legal Opinion

Connecticut Trust & Safe Deposit Co. v. Chase

Supreme Court of Connecticut

Decided June 10, 1903PublishedCited by 23 opinions

Action by an administrator cum testamento annexo, for the construction of the will of Cornelia S. Chase of Hartford ; brought to the Superior Court for Hartford County and reserved (,Shumway, The will was dated March 1st, 1895. The testatrix died December 10th, 1901. She was a widow with two adopted daughters.

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Action by an administrator cum testamento annexo, for the construction of the will of Cornelia S. Chase of Hartford ; brought to the Superior Court for Hartford County and reserved (,Shumway, The will was dated March 1st, 1895. The testatrix died December 10th, 1901. She was a widow with two adopted daughters. After giving legacies to a step-son and a sister of her husband, she gave her daughters “ the income, during their respective lives, each one-half thereof, of all my stocks in any and all corporations, except those hereinbefore specifically bequeathed, together with the income from any…

1Opinion of the CourtBaldwin, J.

The legacies given in clause 7 of the will were not adeemed by the sale of the Fort Pleasant Avenue property.

The purchase price was not fully paid, and, by reason of the mortgage back, the testatrix remained always invested with a legal title to the land. Searle v. Sawyer, 127 Mass. 491. The balance due her, and evidenced by the mortgage note, no one was originally under any personal obligation to pay. The declaration of trust was so referred to in the note as virtually to become a part of it, and excluded any personal liability on the part of the trustees. The testatrix could only look to…

2Cases cited5 opinions

  1. Leake v. WatsonSupreme Court of Connecticut · 1891
  2. Bates v. SpoonerSupreme Court of Connecticut · 1903
  3. Shoe & Leather National Bank v. DixMassachusetts Supreme Judicial Court · 1877
  4. Searle v. SawyerMassachusetts Supreme Judicial Court · 1879
  5. Day v. CohenMassachusetts Supreme Judicial Court · 1896

3Cited by23 opinions

  1. Bartlett v. SearsSupreme Court of Connecticut · 1908
  2. In Re Estate of DwyerCalifornia Supreme Court · 1911
  3. Estate of Brown v. BrownSupreme Court of Iowa · 1908
  4. Estate of MooreCalifornia Court of Appeal · 1955
  5. Jacobs v. ButtonSupreme Court of Connecticut · 1906

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