Bronson v. Strouse

Decision Date04 January 1889
Citation57 Conn. 147,17 A. 699
CourtConnecticut Supreme Court
PartiesBRONSON et al. v. STROUSE et al.

Case reserved from superior court, New Haven county.

Suit by Samuel L. Bronson and another, executors, against Isaac Strouse and others, heirs at law of testatrix, for the construction of a will.

W. L. Bennett, for plaintiffs. H. W. Asher, for defendants.

PARDEE, J. Esther Ullman died in 1887, leaving a will, by which she required the executor's therein named to sell the real estate of which she should die possessed as soon after her decease as they should deem it expedient so to do; and, according to the second paragraph, "out of the proceeds thereof to invest the sum of one thousand dollars in some suitable and proper security, at interest, and with said interest, or a sufficient part thereof, to pay the necessary annual expenses for keeping in good order the burial plot in which my dear husband and myself shall lie buried; and, if any surplus shall remain out of said interest after the payment of the aforesaid necessary expense, I will that said surplus shall be given to some poor, deserving Jewish family residing in the city of New Haven,"—and, according to the fortieth paragraph: "After the payment of each and every one of the foregoing legacies and bequests, I will that, if there shall be any remainder resulting from the sale of said real property, such rest, residue, and remainder shall be set apart, and the principal and income thereof applied to the maintenance and support of such of my heirs at law as shall or may be in need of pecuniary assistance. The times and amount of such payment and distribution to such needy heirs is hereby left entirely to the option of my said executors, and no creditor of any such heir shall have any claim thereon; this devise being intended solely for the personal benefit, for the time being, of such beneficiary." The executors asked the superior court to construe the will, and determine as to the validity and effect of the second and fortieth paragraphs, and the case is reserved for the advice of this court.

As to the two uses specified in the second paragraph, it is the claim of the defendants that the first is not charitable, and that the second is not certain.

1. By statute a bequest for the care of a burial lot is put upon the same ground with a public and charitable use. Gen. St. § 2951.

2. This court has determined that bequests were valid for the following uses: In "aid of such indigent, needy, and meritorious widows and orphan children of the town of Winchester, aforesaid, as may need temporary help;" for "the special benefit of the worthy, deserving, poor, white, American, Protestant, Democratic widows and orphans residing in the town of Bridgeport;" for "the charitable assistance and benefit of indigent unmarried Protestant females over the age of eighteen residing in the city of Bridgeport;" and for the "founding a home for aged, respectable, indigent,...

To continue reading

Request your trial
10 cases
  • State ex rel. Willow Monument Works, Inc. v. Mountain Grove Cemetery Ass'n
    • United States
    • Connecticut Supreme Court
    • May 13, 1975
    ...a clearly noncharitable bequest.' Clark v. Portland Burying Ground Assn., 151 Conn. 527, 532-33, 200 A.2d 468, 471; cf. Bronson v. Strouse, 57 Conn. 147, 149, 17 A. 699. In the revision of the General Statutes of 1887, the revisers combined the 1885 act with the statute of charitable uses s......
  • First Nat. Bank of Kansas City v. Danforth
    • United States
    • Missouri Supreme Court
    • January 13, 1975
    ...of Richmond, 190 Va. 104, 56 S.E.2d 83 (1949), recognizing validity of a trust for the 'white poor of Powhatan County'; Bronson v. Strouse, 57 Conn. 147, 17 A. 699 (1889), upholding validity of a trust to pay interest to a 'poor, deserving, Jewish family residing in the city of New Haven'; ......
  • Stanton v. Stanton
    • United States
    • Connecticut Supreme Court
    • December 22, 1953
    ...were living at the time the will became operative. See Bankers Trust Co. v. Pearson, 140 Conn. 332, 355, 99 A.2d 224; Bronson v. Strouse, 57 Conn. 147, 151, 17 A. 699. It follows that the beneficial interests under the trust vested at the time of the testator's death in the descendants of h......
  • Hartford Nat. Bank & Trust Co. v. Oak Bluffs First Baptist Church
    • United States
    • Connecticut Supreme Court
    • March 14, 1933
    ... ... permitted to accumulate to await the time when proper ... beneficiaries are to be found. Bronson v. Strouse, ... 57 Conn. 147, 151, 17 A. 699; Goodrich's Appeal, ... supra, 57 Conn. page 284, 18 A. 49. In Huger v ... Protestant Episcopal ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT