Donalds v. Plumb
Supreme Court of Connecticut
This was a bill in chancery, brought to the county court, by Ovid Plumb and Frederick Plumb, partners tinder the firm of O. & F. Plumb, against Ezra Donalds and William Kingsbury and Abigail S. Kingsbury, his wife.
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This was a bill in chancery, brought to the county court, by Ovid Plumb and Frederick Plumb, partners tinder the firm of O. & F. Plumb, against Ezra Donalds and William Kingsbury and Abigail S. Kingsbury, his wife. The bill stated, that Rufus Marsh, by this last will, devised to his grand-children, Guy M. Kingsbury and others, children of his daughter Abigail S., “all his estate, real and personal, to be equally divided between them, at the decease of his said daughter;" and the use and improvement of said estate be devised for the support of his daughter and her children, during her life:…
1Opinion of the CourtWilliams, J.
Sundry objections have been made, by the plaintiffs in error, to the decree of the county court; some of which go to the foundation of the plaintiffs' claim, and some to the forms of proceeding to establish it. Of the former description is the objection that there is no trust created by this will; or, at least, that there is no legal estate in Donalds.
The plaintiffs in error claim, that no estate is given to Donalds, so that he could maintain ejectment for it; and so there is no trust created.
Trusts may be created, by express words, or by words shewing such an intent. 2 Swift’s Dig. 107. And…
2Cases cited2 opinions
- Judson v. BlanchardSupreme Court of Connecticut · 1821
- Turner v. CoeSupreme Court of Connecticut · 1823
3Cited by20 opinions
- Dalley v. City of New HavenSupreme Court of Connecticut · 1891
- Belfield v. BoothSupreme Court of Connecticut · 1893
- State Savings & Loan Ass'n v. Kauaian Development Co.Hawaii Supreme Court · 1968
- Ryder v. LyonSupreme Court of Connecticut · 1912
- Seaboard Air-Line Railway Co. v. HollidaySupreme Court of Georgia · 1927
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