Lloyd v. Weir
| Decision Date | 07 February 1933 |
| Citation | 164 A. 386,116 Conn. 201 |
| Court | Connecticut Supreme Court |
| Parties | LLOYD v. WEIR. |
Appeal from Superior Court, Tolland County; Earnest C. Simpson Judge.
Action by Irwin F. B. Lloyd against Cora Weir, individually and as executrix of the estate of Ellen M. Lloyd, deceased, for a declaratory judgment on the construction of the will and for a one-half interest in estate. A demurrer to the complaint was sustained, and, from the judgment for defendant on plaintiff's failure to plead further, plaintiff appeals.
Thomas J. Birmingham and Joseph J. McMillen, both of Hartford, for appellant.
William S. Locke, of Hartford, for appellee.
Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY JJ.
This action is brought against the defendant Cora Weir individually and as executed of the will of Ellen M. Lloyd. The complaint alleged the following facts: In the will of Francis Bown, who died on October 20, 1877, his wife was given the use, profit, and income of the estate during her life, with full power to buy, sell, invest, and reinvest, the same; after her death, his daughter, Mrs. Lloyd, was given the use, profit of the estate for her sole and separate use and after her death all the testator's estate was given to her legal heirs; and his wife was named executrix. She managed and controlled the estate as life tenant until her death February 25, 1909. Mrs. Lloyd was then appointed administratrix d. b. n. c. t. a., and thereafter acted as such and also as life tenant. In these capacities in 1914 under authority of the court of probate, she sold a portion of the real estate of the estate, and received $2,400 for it. In 1924, under the same authority, she attempted to make a conveyance of another piece of real estate to a daughter, the defendant Cora Weir, reserving to herself a life use in the property: she made no return to the court of probate of this conveyance; and in 1929 Mrs. Weir conveyed the property back to Mrs. Lloyd. The plaintiff, as remainderman under the will and as surety on the bond given by the life tenant, in 1926 on learning of the conveyance to Mrs. Weir, applied to the court of probate for an accounting by the life tenant, and asked that the conveyance be set aside. The court of probate decreed that the clause of the will giving the estate to the heirs of Mrs. Lloyd after her death was void under the statute of perpetuities in effect when the testator died, that Francis Bown therefore died intestate, and that Mrs. Lloyd, as his sole heir, took the entire estate in fee. Thereafter the plaintiff was released from his obligations upon the bond. Mrs. Lloyd died October 18, 1931, leaving a will in which Mrs. Weir was named as executrix, and she has taken possession as such of the assets of the estate of Francis Bown. The prayers for relief sought a declaratory judgment, in effect that the court of probate had no power to adjudicate upon the validity of the clause in the will it held invalid; that its decree is not conclusive upon the plaintiff's rights; that the clause is not invalid, or, if it...
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Bengtson v. Setterberg, 34382.
...a state judgment respecting title to land is a complete bar to any contrary claim in the federal courts.44’ The case of Lloyd v. Weir, 116 Conn. 201, 164 A. 386, involved a situation somewhat similar to that which we have before us. The question involved was whether a decree of a probate co......
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Cortes-Prete v. Ghiroli
...insufficiency may be attacked by demurrer. Gerard v. Beecher, 80 Conn. 363, 368, 68 A. 438, 15 L.R.A., N.S., 900; see Lloyd v. Weir, 116 Conn. 201, 204, 164 A. 386. If a defendant desires to controvert their truth, he may do so by denying them in his answer. Stevens v. Smoker, 84 Conn. 569,......
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Anderson v. Anderson
...to include a case of this nature. City of Salem v. Oregon-Washington Water Service Company, 144 Or. 93, 23 P.2d 539; Lloyd v. Weir, 116 Conn. 201, 164 A. 386; Des Portes v. Des Portes, 157 S.C. 407, 154 426; Roberts v. Mosely, 100 Fla. 267, 129 So. 835. The decree appealed from is affirmed;......
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Redmond v. Matthies
...for a declaratory judgment determining some question connected with, or growing out of, another action. See cases such as Lloyd v. Weir, 116 Conn. 201, 204, 164 A. 386. Here, we are concerned with the specific application of § 277(c) of the Practice Book to situations where the subject matt......