Little v. Geer

• Decision Date: 13 July 1897
• Citation: 37 A. 1056,69 Conn. 411
• Court: Connecticut Supreme Court
• Parties: LITTLE v. GEER et al.

37 A. 1056

69 Conn. 411

LITTLE

v. GEER et al.

Supreme Court of Errors of Connecticut.

July 13, 1897.

Case reserved from superior court, New London county; Ralph Wheeler, Judge.

Suit by Philo Little, administrator, against Albert P. Geer and others, to determine the construction of the will of Jeremiah C. Geer, of Groton, deceased, brought to the superior court and reserved, upon the facts stated in the complaint, for the consideration and advice of the supreme court of errors. Will construed.

A. P. Tanner, for plaintiff and for defendant Juliette Geer.

Solomon Lucas, for the other defendants.

ANDREWS, C. J. The will and codicil of Jeremiah C. Geer are as follows:

"I, Jeremiah C. Geer, of the town of Groton, in the county of New London, state of Connecticut, being of sound and disposing mind and memory, do make and ordain this to be my last will and testament in manner and form following; that is to say: First. I will, order, and direct that my executor hereinafter named pay all my just debts and funeral charges. Then I give, devise, and bequeath unto my wife, Juliette Geer, my gold watch and chain and ornaments belonging to the same. I also give, devise, and bequeath to my beloved wife, Juliette Geer, the use, income, improvement, and avails of all the rest and residue of my estate, whether real or personal, wherever the same may be situated, and of whatever it may consist, for her to have, hold, use, possess, and enjoy so long as she remains my widow, or until her decease; and in case the use and income of my said estate, real and personal, shall be insufficient for her comfortable and proper maintenance and support, then I authorize and empower my executor to sell any and such of my estate, either real or personal, according to his best judgment, as he shall deem necessary, and to appropriate and freely use the avails arising from such sale for her proper and comfortable maintenance and support. Then, upon the decease or marriage of my said wife, Juliette Geer, I will, order, and direct that all the rest and residue of my estate, both real and personal, be divided into ten (10) equal parts or shares except the following item: I give, devise, and bequeath to my daughter Eliza Bliven, wife of Henry Bllven, the sum of one dollar, because I have done liberally by her in years past. I give, devise, and bequeath to my son Jeremiah C. Geer, Jr., two (2) of such parts or shares; to my son Albert P. Geer two (2) of such parts or shares; to my daughter Mary Ann C. Welch, wife of Albert Welch, two (2) of such parts or shares; to my daughter Victoria M. Case, wife of Frank Case, of Greenport, Long Island, two (2) of such parts or shares; and the remaining two (2) shares or parts to Mortimer Edgar Williams, otherwise called Edgar M. Geer. To enable my executor the more easily to divide and distribute what shall remain of my said estate on the decease or marriage of my said wife, and which she shall not have used during her life or widowhood, into tenths as aforesaid, I hereby authorize & empower him at his discretion to sell all or any part thereof, whether real or personal, and to execute any and all proper instruments for the conveyance of the same. Lastly, I nominate, constitute, & appoint Walter J. Starr, of the town of Groton, county of New London, state of Connecticut, executor of this, my last will and testament, hereby revoking and annulling all other wills...