Lewis v. Scofield
Supreme Court of Connecticut
Appeal from probate. The appellees as heirs at law of Lodema Hoyt, appealed from a decree of the court of probate approving a certain instrument as her last will. The appellees were the legal representatives of Polly Hoyt, a sister of the said Lodema who died after the decease of the said Lodema.
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Appeal from probate. The appellees as heirs at law of Lodema Hoyt, appealed from a decree of the court of probate approving a certain instrument as her last will. The appellees were the legal representatives of Polly Hoyt, a sister of the said Lodema who died after the decease of the said Lodema. The instrument so approved as the will of Lodema Hoyt was as follows: “ We, Polly and Lodema Hoyt, both of the town of New Canaan, county of Fairfield, and state of Connecticut, of sound disposing mind and memory, do make and ordain this our last will and testament, in manner and form as follows,…
1Opinion of the CourtHinman, J.
The question in this case is, whether the will of Polly and Lodema Hoyt, which was executed by them jointly, and disposed of all the estate of the one who should first die, to the survivor; is valid. The will has all the formalities prescribed by statute for a valid will, and although in point of form it is a joint will, executed by two, yet as it disposes only of the estate of the one who may first die, its legal operation, if valid, is the same as if each had made a separate will disposing of the estate of each to her sister in case of her surviving her. It is not, therefore, the case of a…
2Cited by14 opinions
- Bower v. DanielSupreme Court of Missouri · 1906
- In Re the Probate of the Last Will & Testament of DiezNew York Court of Appeals · 1872
- Anderson v. AndersonSupreme Court of Iowa · 1917
- Epperson v. WhiteTennessee Supreme Court · 1927
- Estate of CawleyPennsylvania Orphans' Court, Union County · 1890
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