inflexible rule (Connecticut) · Go Syfert
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inflexible rule in Connecticut

9 Connecticut opinions name it 3 courts 1948–2021 1 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 (3)

CaseFollowedCited
Catto v. Plantgreen
conn · 1927 · cited in 2 Connecticut opinions naming this issue, 1948–1981
2 sentences

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

12
Whitehill v. Halbinggreen
conn · 1922 · cited in 1 Connecticut opinions naming this issue, 2000–2000
1 sentence

2000"If this declaration of intention is not a will, by the terms of the statute no will is revoked by it." Whitehill v. Halbing, supra, at 30.

11
Hartford National Bank & Trust Co. v. Thrallgreen
conn · 1981 · cited in 1 Connecticut opinions naming this issue, 2000–2000
1 sentence

2000"The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in light of the circumstances surrounding and known to him at the time the [instrument] was executed." Hartford National Bank Trust Co. v. Thrall, supra, at 502.

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 (12)

CaseCitedYears
State v. Rogers green
conn · 1986
2 sentences

2015But the law of the case is not an inflexible principle and in a proper situation a judge may modify or depart from an interlocutory ruling of another coordinate magistrate, in whole or in part.’’ (Citations omitted.) State v. Rogers, 199 Conn. 453, 459 , 508 A.2d 11 (1986).

2015But the law of the case is not an inflexible principle and in a proper situation a judge may modify or depart from an interlocutory ruling of another coordinate magistrate, in whole or in part.’’ (Citations omitted.) State v. Rogers, 199 Conn. 453, 459 , 508 A.2d 11 (1986).

21989–2015
Hartford-Connecticut Trust Co. v. Thayer neutral
· 1926
2 sentences

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

21948–1981
Union & New Haven Trust Co. v. Ackerman green
conn · 1932
2 sentences

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

21948–1981
State v. Nussenholtz green
conn · 1903
2 sentences

1961There remains the question whether the statute requires the state to prove criminal intent or guilty knowledge as a necessary element of a crime. “ ‘Although prima facie and as a general rule there must be a mind at fault before there can be a crime, it is not an inflexible rule and a statute may relate to such a subject-matter and may be so framed as to make an act criminal, whether there has been any intention to break the law or otherwise to do wrong or not.’ ” State v. Nussenholtz, 76 Conn. 92, 95 , and cases therein cited.

1961There remains the question whether the statute requires the state to prove criminal intent or guilty knowledge as a necessary element of a crime. "`Although prima facie and as a general rule there must be a mind at fault before there can be a crime, it is not an inflexible rule and a statute may relate to such a subject-matter and may be so framed as to make an act criminal, whether there has been any intention to break the law or otherwise to do wrong or not.'" State v. Nussenholtz, 76 Conn. 92 , 95 , and cases therein cited.

21961–1961
Canaan National Bank v. Peters green
conn · 1991
2 sentences

2021The question is not what [he] meant to say, but what is meant by what [he] did say.’’ (Citations omitted; internal quotation marks omitted.) Canaan National Bank v. Peters, 217 Conn. 330 , 335–36, 586 A.2d 562 (1991); see also Schwerin v. Ratcliffe, 335 Conn. 300 , 310, 238 A.3d 1 (2020) (‘‘The most inflexible rule of testamentary con- struction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances sur- rounding and known to him at the time th

2021The question is not what [he] meant to say, but what is meant by what [he] did say.’’ (Citations omitted; internal quotation marks omitted.) Canaan National Bank v. Peters, 217 Conn. 330 , 335–36, 586 A.2d 562 (1991); see also Schwerin v. Ratcliffe, 335 Conn. 300 , 310, 238 A.3d 1 (2020) (‘‘The most inflexible rule of testamentary con- struction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances sur- rounding and known to him at the time th

12021–2021
Evans v. Warden green
connappct · 1992
2 sentences

1992The Court is cognizant of the recently released Appellate Court decision in Evans v. Warden, 29 Conn. App. 274 (1992) declining to "adopt an inflexible requirement that expert testimony must be presented in every case raising a Strickland inquiry," instead ruling that a "case-by-case approach is appropriate in a situation involving ineffective assistance of counsel." Id., 280-81 .

1992The Court is cognizant of the recently released Appellate Court decision in Evans v. Warden, 29 Conn. App. 274 (1992) declining to "adopt an inflexible requirement that expert testimony must be presented in every case raising a Strickland inquiry," instead ruling that a "case-by-case approach is appropriate in a situation involving ineffective assistance of counsel." Id., 280-81 .

11992–1992
Barnes v. Schlein green
conn · 1984
2 sentences

1989Breen v. Phelps, supra, 98-100 .”Id.; Barnes v. Schlein, 192 Conn. 732, 734 , 473 A.2d 1221 (1984).

1989Breen v. Phelps, supra, 98-100 .”Id.; Barnes v. Schlein, 192 Conn. 732, 734 , 473 A.2d 1221 (1984).

11989–1989
Santoro v. Kleinberger green
conn · 1932
2 sentences

1989Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066 (1982); Santore v. Kleinberger, 115 Conn. 631, 638 , 163 A. 107 (1932).” State v. Rogers, 199 Conn. 453, 459 , 508 A.2d 11 (1986). “[T]he law of the case is not an inflexible principle and in a proper situation a judge may modify or depart from an interlocutory ruling of another coordinate magistrate, in whole or in part.

1989Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066 (1982); Santore v. Kleinberger, 115 Conn. 631, 638 , 163 A. 107 (1932).” State v. Rogers, 199 Conn. 453, 459 , 508 A.2d 11 (1986). “[T]he law of the case is not an inflexible principle and in a proper situation a judge may modify or depart from an interlocutory ruling of another coordinate magistrate, in whole or in part.

11989–1989
Breen v. Phelps green
conn · 1982
2 sentences

1989Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066 (1982); Santore v. Kleinberger, 115 Conn. 631, 638 , 163 A. 107 (1932).” State v. Rogers, 199 Conn. 453, 459 , 508 A.2d 11 (1986). “[T]he law of the case is not an inflexible principle and in a proper situation a judge may modify or depart from an interlocutory ruling of another coordinate magistrate, in whole or in part.

1989Breen v. Phelps, 186 Conn. 86 , 439 A.2d 1066 (1982); Santore v. Kleinberger, 115 Conn. 631, 638 , 163 A. 107 (1932).” State v. Rogers, 199 Conn. 453, 459 , 508 A.2d 11 (1986). “[T]he law of the case is not an inflexible principle and in a proper situation a judge may modify or depart from an interlocutory ruling of another coordinate magistrate, in whole or in part.

11989–1989
Reaney v. Wall green
conn · 1948
2 sentences

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

11981–1981
Swole v. Burnham green
conn · 1930
2 sentences

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

1981If this intent, when discovered, has been adequately expressed and is not contrary to some positive rule of law, it will be carried out.’ Swole v. Burnham, 111 Conn. 120, 121 , 149 A. 229 [1930]. ‘The most inflexible rule of testamentary construction and one universally recognized is that the intention of the testator should govern the construction, and this intention is to be sought in the language used by the testator in the light of the circumstances surrounding and known to him at the time the will was executed.’ Union & New Haven Trust Co. v. Ackerman, 114 Conn. 152, 157-58 , 158 A. 224 [

11981–1981
Cumming v. Pendleton green
conn · 1931
2 sentences

1948“Not only must all parts of the will be considered, but each and all its provisions should, so far as possible, be harmonized and given effect.” Cumming v. Pendleton, 112 Conn. 569, 574 , 153 A. 175 .

1948“Not only must all parts of the will be considered, but each and all its provisions should, so far as possible, be harmonized and given effect.” Cumming v. Pendleton, 112 Conn. 569, 574 , 153 A. 175 .

11948–1948

Where else courts name it

IL 112 (1869–2025) CA 79 (1864–2025) NY 65 (1872–2023) PA 53 (1841–2015) TX 45 (1904–2025) NC 38 (1886–2021) GA 35 (1909–2018) NJ 34 (1924–2024) MD 33 (1960–2025) MO 31 (1900–2020) MN 29 (1892–2025) FL 26 (1886–2025) OH 25 (1883–2017) MA 24 (1852–2016) LA 22 (1928–2016) MI 20 (1894–2026) AR 20 (1900–2023) CO 18 (1912–2019) TN 18 (1898–2020) VA 18 (1892–2023) WA 17 (1896–2018) OR 17 (1902–2016) AL 17 (1859–2011) MT 17 (1934–2012) VT 17 (1923–2026) KY 14 (1897–2023) WI 13 (1963–2025) DC 12 (1976–2023) IN 12 (1875–2009) MS 11 (1868–2022) WV 11 (1919–2024) IA 11 (1912–2014) SD 11 (1958–2025) DE 10 (1945–2026) NM 10 (1954–2021) ME 10 (1900–2024) KS 9 (1899–2020) CT 9 (1948–2021) SC 8 (1918–1966) HI 8 (1999–2025) ID 8 (1893–2013) AZ 6 (1977–2008) ND 6 (1807–2005) NE 6 (1897–1996) RI 5 (1979–2002) UT 5 (1946–2006) AK 3 (1970–1994) NH 3 (1980–1999) WY 2 (1931–1984) OK 2 (1915–1973)

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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