Legal Opinion

Mooney v. Tolles

Supreme Court of Connecticut

Decided March 5, 1930PublishedCited by 46 opinions

1Opinion of the CourtHiotvtan-, J.

The will discloses no intention to attach any meaning to “lawful child or children”—the term generally used throughout the will—distinctive from “child or children” as employed once, apparently by inadvertence, in Article Ninth, and “children” appearing in Article Third.

“Child or children” manifestly refers and applies and is limited to those standing in the position of first degree. “Issue” is used in the Second, Sixth, and Ninth Articles of the will not in the restricted sense of children but in its primary, usual, and more comprehensive meaning as including descendants in every degree.…

2Cases cited17 opinions

  1. In Re the Accounting of LeaskNew York Court of Appeals · 1910
  2. New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
  3. Puterbaugh's EstateSupreme Court of Pennsylvania · 1918
  4. Bartlett v. SearsSupreme Court of Connecticut · 1908
  5. Ansonia National Bank v. KunkelSupreme Court of Connecticut · 1927

12 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
  2. Sontheimer v. PierceCalifornia Supreme Court · 1948
  3. In Re Trust Under Will of HoldenSupreme Court of Minnesota · 1940
  4. Horton v. MeskillSupreme Court of Connecticut · 1985
  5. Smyth v. . McKissickSupreme Court of North Carolina · 1943

41 more not listed; retrieve them via the Exa API.

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