30 A. 777 (Conn. 1894), Dubuque v. Coman

Citation:30 A. 777, 64 Conn. 475
Opinion Judge:BALDWIN, J.
Party Name:DUBUQUE v. COMAN.
Attorney:Charles F. Thayer, for appellant. Charles E. Searls, for appellee.
Case Date:July 09, 1894
Court:Supreme Court of Connecticut
 
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Page 777

30 A. 777 (Conn. 1894)

64 Conn. 475

DUBUQUE

v.

COMAN.

Supreme Court of Errors of Connecticut.

July 9, 1894

Appeal from superior court, Windham county; Ralph Wheeler, Judge.

Action of trespass, before a justice of the peace, by Albert Dubuque against George Coman, which resulted in a judgment for plaintiff. On appeal to the superior court and a trial there, plaintiff secured another judgment, from which defendant appeals. Affirmed.

Charles F. Thayer, for appellant.

Charles E. Searls, for appellee.

BALDWIN, J.

The judgment appealed from was one rendered for one dollar, damages, in an action for the disturbance of the plaintiff's possession of a small pasture lot, containing about two acres, and worth from $60 to $70. The locus in quo was originally part of a farm of over 170 acres belonging to Hale Jacobs. He conveyed it, together with another part of the farm, to Salem Jacobs, in 1862. In 1874, the heirs of Hale Jacobs, among whom was Salem Jacobs, conveyed to the defendant another part of the farm, described as containing 83 3/4 acres, and particularly bounded by courses, distances, and monuments. The land within these bounds in fact only amounted to 81 3/4 acres, and adjoined the lot in question. In 1876, Salem Jacobs died, testate, devising his residuary estate, including the locus in quo, to William Joslin, " in trust, for the following purposes and uses, to wit: To sell all my real estate at his discretion, after consulting and advising in relation thereto with my wife, Mary Jane Jacobs, and to invest the avails of such sale safely, as he may think best, and to change such investments at his discretion; to sell, after consultation with my said wife, any or all of the personal property belonging to my estate, and to invest, change, and reinvest the avails thereof as he may think best, and to invest and reinvest any and all funds coming into his hands and belonging to my estate, at his discretion, at all times, and to pay over to my said wife, Mary Jane Jacobs, the income, interest, and dividends for her support and maintenance during the whole period of her natural life, and so long as she remains my widow and unmarried, and so long as, in his opinion, she conducts herself discreetly, at such times and in such sums as her needs may require. And I direct and enjoin upon said trustee to furnish to my said wife, as aforesaid, a comfortable and liberal support, as aforesaid, according to her and my circumstances in life; and, should the income from said trust estate prove inadequate to such support, I direct my said trustee to apply any or all the principal to said purpose, as the wants of my said wife may require." Upon the death or marriage of the widow, the residue of the trust estate was to be divided between the brothers and sisters of the testator. Mr. Joslin subsequently resigned the trust, and the court of probate appointed Lawson Aldrich as his successor. In 1879, Mr. Aldrich, as such trustee, by a deed professing to be in execution of the power of sale granted to him in the will of Salem Jacobs, sold and conveyed to the plaintiff...

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