Crosgrove v. Crosgrove

• Decision Date: 13 July 1897
• Citation: 69 Conn. 416,38 A. 219
• Parties: CROSGROVE v. CROSGROVE et al.
• Court: Connecticut Supreme Court

38 A. 219

69 Conn. 416

CROSGROVE

v. CROSGROVE et al.

Supreme Court of Errors of Connecticut.

July 13, 1897.

Case reserved from superior court, New London county; William T. Elmer, Judge.

Suit by George L. Crosgrove, executor, against Thomas Crosgrove and others, to obtain the construction of a will. Reserved by the superior court for consideration of the supreme court of errors.

The facts are as follows: (1) On the 19th day of June, 1893, Hugh Crosgrove, of Norwich, in New London county, in the state of Connecticut, died, leaving his last will and testament, dated June 7, 1893, a copy of which is hereto annexed, and marked "Exhibit A," and made a part of this complaint. Said will was on the 30th day of June, 1893, duly probated in the court of probate for the district of Norwich; and the plaintiff was duly appointed and qualified, and continues to be, the executor of said will. John Bennett, of Rye, N. Y., who was appointed in said will co-executor with the petitioner, refused to accept the executorship. (2) At the time of the death of the said Hugh Crosgrove the following were his next of kin, to wit: Thomas Crosgrove, a brother, of Norwich, Conn.; and Eliza C. Atchison, a sister, of Montville, Conn., and wife of Alexander Atchison, of said Montville; Ann C. Bennett, a sister, of Rathfarnham, in Ireland; and Sarah Brownlee, a sister, of Belfast, in Ireland. (3) Since the death of the testator, Hugh Crosgrove, the said Ann C. Bennett has died in Ireland, leaving the following children, to wit: The said Mary J. Kelly, Margaret Hughes, John Bennett, Eliza White, Hugh Bennett, Annie Sheidow, George Bennett, and Fanny Whitney,—and leaving a last will, of which the said Hugh Bennett and William Hughes are the executors. Since the death of said Ann C. Bennett the said Mary J. Kelly has died in Ireland, leaving her husband, the said Robert Kelly, Sr., and her said children, William Kelly, Margaret Kelly, and Robert Kelly, Jr., in Ireland, her surviving, and leaving a last will, of which said husband is the executor. The said William Crosgrove, of Chicago, mentioned in said will, is a nephew of the testator; and at the time of the testator's death his family consisted of his wife, Minnie Crosgrove, and a minor child, Georgia M. Crosgrove. Since the death of the testator two other children have been born to said William Crosgrove, to wit, the said Harry Crosgrove and Clam M. Crosgrove; and the family of this William Crosgrove now consists of him, his said wife, and said three children. The said Margaret Hughes, of Rathfarnham, Ireland, mentioned in said will, is a niece of the testator; and at the time of the testator's death her family consisted of her husband, said William Hughes, Sr., and the following named children: William Hughes, Jr., of age; George Hughes, a minor; James Hughes, a minor; Ann Jane Hughes, a minor; Frances Hughes, a minor; and Margaret E. Hughes, a minor. The said John Bennett, of Park Ridge, mentioned in said will, is a nephew of the testator; and at the time of the testator's death his family consisted of his wife, Anne J. Bennett, and their children, to wit: William J. Bennett, of age; Mary J. Bennett, of age; George C. Bennett, a minor; Eliza McC. Bennett, a minor; Matilda Bennett, a minor; and Mar garet E. Bennett, a minor. The said Eliza White, of Massachusetts, mentioned in said will, is a niece of the testator, and at his death had three sons, William H. White, then aged 18 years; George P. White, then aged 17 years; and James W. White, then aged 14 years. The said Hugh Bennett, of Ireland, mentioned in said will, is a nephew of the testator; and at the time of the testator's death his family consisted only of himself and his wife, Ellen Bennett. The said Annie Sheidow, of Ireland, mentioned in said will, is a niece of the testator; and at the time of the testator's death her family consisted of her husband, Thomas Sheidow, and their minor children, Archibald N. B. Sheidow, Frances B. Sheidow, Mabel A. Sheidow, and Thomas G. Sheidow. Since the death of the testator one other child has been born to Annie Sheidow, to wit, Violet E. Sheidow; and the family of said Annie Sheidow now consists of her, her husband, and said five children. The said George Bennett, of Ireland, mentioned in said will, is a nephew of the testator; and at the time of the testator's death his family consisted of himself and his wife, Mary E. Bennett. The said Fannie Whitney, of Ireland, mentioned in said will, is a niece of the testator; and at the time of the testator's death her family consisted of her husband, James Whitney, and their minor children, Harriet T. Whitney, George A. Whitney, Arthur J. Whitney, Matilda Whitney, Lucy M. Whitney, and John F. Whitney. The said James Brownlee, of New York, mentioned in said will, is a nephew of the testator; and at the time of the testator's death his family consisted of his wife, Amelia S. McD. Brownlee, and their minor child, Esther E. Brownlee. Since the death of the testator one other child has been born to James Brownlee, to wit, —— Brownlee; and the family now consists of James Brownlee, his wife, and said two children. In said Norwich there is no corporation of the name the "Second Congregational Church," but there is in Norwich a corporation named the "Second Congregational Society," having the control of a church edifice in said Norwich, commonly called the "Second Congregational Church," in which church the testator was a regular attendant and pew-holder. The house No. 30 Baltic street, in Norwich, has always been owned by the brother of the testator, Thomas Crosgrove, who in October, 1860, mortgaged the same to the testator to secure his note then due the testator, for $450, payable on demand, with yearly interest. No part of the principal and no interest was ever paid by Thomas Crosgrove, or demanded by the testator, on said note and mortgage. The note and mortgage were in possession of the testator at his death, uncanceled. And from the time said note and mortgage were given there was no acknowledgment of the same as an existing indebtedness by said Thomas Crosgrove, nor promise by him to pay the same to the testator or to his executor. At the testator's death there was on the farm devised to sister Eliza and husband one horse and—— cows owned by the testator.

The following is the will of the testator:

"Be it known to all Persons: That I Hugh Crosgrov of the town...