general residuary clause (Connecticut) · Go Syfert
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general residuary clause in Connecticut

11 Connecticut opinions name it 2 courts 1912–1992 0 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Hartford Trust Co. v. Wolcottgreen
conn · 1912 · cited in 2 Connecticut opinions naming this issue, 1922–1927
2 sentences

1922“The fact that the will contains a general residuary clause shows an intent to avoid partial intestacy.” Hartford Trust Co. v. Wolcott, 85 Conn. 134, 139, 81 Atl. 1057 .

1922“The fact that the will contains a general residuary clause shows an intent to avoid partial intestacy.” Hartford Trust Co. v. Wolcott, 85 Conn. 134, 139, 81 Atl. 1057 .

12
DiSesa v. Hickeygreen
conn · 1971 · cited in 1 Connecticut opinions naming this issue, 1990–1990
1 sentence

1990See DiSesa v. Hickey, 160 Conn. 250 (1971).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Hartford-Aetna National Bank v. Weaver green
conn · 1927
2 sentences

1992“The fact that the will itself contained a general residuary clause, shows in itself an intent to avoid partial intestacy.” Hartford-Aetna National Bank v. Weaver, 106 Conn. 137, 142 , 137 A. 388 (1927).

1992“The fact that the will itself contained a general residuary clause, shows in itself an intent to avoid partial intestacy.” Hartford-Aetna National Bank v. Weaver, 106 Conn. 137, 142 , 137 A. 388 (1927).

21936–1992
Ministers & Missionaries Benefit Board v. Meriden Trust & Safe Deposit Co. green
conn · 1953
2 sentences

1971Ministers Benefit Board v. Meriden Trust Co., 139 Conn. 435, 447 , 94 A.2d 917 .

1971Ministers Benefit Board v. Meriden Trust Co., 139 Conn. 435, 447 , 94 A.2d 917 .

21962–1971
Brinsmade v. Beach green
· 1922
2 sentences

1953Brinsmade v. Beach, 98 Conn. 322, 330 , 119 A. 233 .

1953Brinsmade v. Beach, 98 Conn. 322, 330 , 119 A. 233 .

21936–1953
Howood House, Inc. v. Trustees of Donations & Bequests for Church Purposes, Inc. green
connsuperct · 1967
1 sentence

1990Id. at 188 .

11990–1990
Towns v. Weston neutral
· 1882
1 sentence

1943The authorities criticizing the rule point out that the existence of a general residuary clause shows that the testator did not intend that any of his property should be intestate, and that the rule directly contravenes that intent; that it in effect destroys a clear intent by a mere presumption of intent; and that it is exceedingly difficult to reconcile it with the other generally accepted rule that legacies which lapse or fail fall into the residue — for that in itself augments the interests of those to whom the residue is given. *272 In a number of jurisdictions the same rule has been rega

11943–1943
Waln's Estate green
pa · 1893
2 sentences

1943The authorities criticizing the rule point out that the existence of a general residuary clause shows that the testator did not intend that any of his property should be intestate, and that the rule directly contravenes that intent; that it in effect destroys a clear intent by a mere presumption of intent; and that it is exceedingly difficult to reconcile it with the other generally accepted rule that legacies which lapse or fail fall into the residue — for that in itself augments the interests of those to whom the residue is given. *272 In a number of jurisdictions the same rule has been rega

1943The authorities criticizing the rule point out that the existence of a general residuary clause shows that the testator did not intend that any of his property should be intestate, and that the rule directly contravenes that intent; that it in effect destroys a clear intent by a mere presumption of intent; and that it is exceedingly difficult to reconcile it with the other generally accepted rule that legacies which lapse or fail fall into the residue — for that in itself augments the interests of those to whom the residue is given. *272 In a number of jurisdictions the same rule has been rega

11943–1943
Magnuson v. Magnuson neutral
ill · 1902
2 sentences

1943The authorities criticizing the rule point out that the existence of a general residuary clause shows that the testator did not intend that any of his property should be intestate, and that the rule directly contravenes that intent; that it in effect destroys a clear intent by a mere presumption of intent; and that it is exceedingly difficult to reconcile it with the other generally accepted rule that legacies which lapse or fail fall into the residue — for that in itself augments the interests of those to whom the residue is given. *272 In a number of jurisdictions the same rule has been rega

1943The authorities criticizing the rule point out that the existence of a general residuary clause shows that the testator did not intend that any of his property should be intestate, and that the rule directly contravenes that intent; that it in effect destroys a clear intent by a mere presumption of intent; and that it is exceedingly difficult to reconcile it with the other generally accepted rule that legacies which lapse or fail fall into the residue — for that in itself augments the interests of those to whom the residue is given. *272 In a number of jurisdictions the same rule has been rega

11943–1943
Newell v. Beecher green
conn · 1922
1 sentence

1936Hartford-Aetna National Bank v. Weaver, 106 Conn. 137, 142 , 137 Atl. 388 ; Brinsmade v. Beach, supra, p. 330 ; Newell v. Beecher, 98 Conn. 263, 270 , 119 Atl. 233 .

11936–1936
Bartlett v. Sears green
conn · 1908
2 sentences

1912The general rule is that the residuary legatee under a general residuary clause takes all the personal property not otherwise disposed of by the will, unless it clearly appears from the will that this was not the testator’s intention.Lapsed legacies and void legacies are included in what “is not otherwise disposed of.” Bristol v. Bristol, 53 Conn. 242, 255 , 5 Atl. 687 ; Bartlett v. Sears, 81 Conn. 34, 47 , 70 Atl. 33 .

1912The general rule is that the residuary legatee under a general residuary clause takes all the personal property not otherwise disposed of by the will, unless it clearly appears from the will that this was not the testator’s intention.Lapsed legacies and void legacies are included in what “is not otherwise disposed of.” Bristol v. Bristol, 53 Conn. 242, 255 , 5 Atl. 687 ; Bartlett v. Sears, 81 Conn. 34, 47 , 70 Atl. 33 .

11912–1912
Warner v. Willard neutral
conn · 1886
2 sentences

1912Warner v. Willard, 54 Conn. 470, 472 , 9 Atl. 136 .

1912Warner v. Willard, 54 Conn. 470, 472 , 9 Atl. 136 .

11912–1912
Bristol v. Bristol green
· 1885
2 sentences

1912The general rule is that the residuary legatee under a general residuary clause takes all the personal property not otherwise disposed of by the will, unless it clearly appears from the will that this was not the testator’s intention.Lapsed legacies and void legacies are included in what “is not otherwise disposed of.” Bristol v. Bristol, 53 Conn. 242, 255 , 5 Atl. 687 ; Bartlett v. Sears, 81 Conn. 34, 47 , 70 Atl. 33 .

1912The general rule is that the residuary legatee under a general residuary clause takes all the personal property not otherwise disposed of by the will, unless it clearly appears from the will that this was not the testator’s intention.Lapsed legacies and void legacies are included in what “is not otherwise disposed of.” Bristol v. Bristol, 53 Conn. 242, 255 , 5 Atl. 687 ; Bartlett v. Sears, 81 Conn. 34, 47 , 70 Atl. 33 .

11912–1912

Where else courts name it

NY 39 (1870–1964) PA 14 (1934–2020) OH 14 (1862–1980) TX 13 (1930–2024) IL 12 (1899–1989) MA 12 (1927–2017) CA 11 (1910–2012) CT 11 (1912–1992) VA 9 (1890–1989) SC 7 (1946–1996) NC 7 (1882–2012) DE 6 (1921–2016) MI 4 (1947–2026) NJ 4 (1943–1974) AR 3 (1912–1994) TN 3 (1938–2026) RI 3 (1895–1967) NV 2 (2022–2022) MD 2 (1980–2007) ME 2 (1865–1968) CO 2 (1927–1951) OR 2 (1937–1973) MO 2 (1909–1954) WY 2 (1977–2005) IN 2 (1934–1956) WI 2 (1932–1942) NE 2 (1956–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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