Walker v. Upson
| Decision Date | 23 July 1901 |
| Citation | 74 Conn. 128,49 A. 904 |
| Court | Connecticut Supreme Court |
| Parties | WALKER v. UPSON et al. |
Case reserved from superior court, Fairfield county; Silas A. Robinson, Judge.
Action by Harry W. Walker, executor, against Nellie A. Upson and others, for judicial construction of the will of Elliott A. Upson, deceased. Reserved on the facts for consideration and advice. Judgment advised.
The following are the material portions of the will, which was executed in 1896: "I give, devise, and bequeath to my beloved wife, Alice B. Upson, the possession, use, and income of all my estate, real and personal, until my daughter Nellie shall attain the age of twenty-one years, provided she shall survive to that age; and when she shall attain to the age of twenty-one years, or upon her sooner decease, I give, devise, and bequeath all my estate of every description, as follows, to wit: (a) I give, devise, and bequeath one-half thereof to my said wife and to her heirs absolutely and forever, and I direct that she be allowed to select from the inventory of my estate to the amount of one-half its value whatever she may choose, the same to be taken at the appraisal value thereof as made and returned to the court of probate in the inventory and appraisal of my estate, (b) I give and bequeath to my grandson Elliott F. Upson, as a legacy, the sum of five hundred dollars absolutely and forever, (c) I give and bequeath to my grandson Webster Upson Walker, as a legacy, the sum of five hundred dollars absolutely and forever.
(d) In case my three children shall all then be living, I give, devise, and bequeath all the rest and residue of my estate as follows, to wit: One-third thereof to my daughter Edith A. Walker, to her and her heirs, absolutely and forever, (e) To my daughter Nellie A., one-third thereof, to her and her heirs absolutely and forever, (f) The remaining one-third I give, devise, and bequeath to my daughter-in-law Hattie Upson, wife of my son, Henry, in trust nevertheless, for the use and benefit of my said son and his family." The trust was then specified in detail. In a certain contingency, the whole fund was to be transferred to the son; otherwise, the income, and, if she deemed it necessary, any part of the principal, was to be applied to the use of the son and his family, and upon his decease to their use, until his youngest child should become of age; the principal then to belong to his issue, subject to the life use of half of it by his widow, while she remained such. Nellie became of age in 1809. The testator's two other children were then living. Henry D. Upson died March 30, 1900. The testator was aware of these facts. He died in June, 1900, leaving a net estate of about $150,000. His widow (who was married to him before 1877), after selecting for herself certain property of the estate, appraised in the inventory at $62,441.42, died in the following March. She never gave notice,...
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...that distributors appointed to complete the division should proceed upon the values as existing when they made it. Walker v. Upson, [74 Conn. 128, 131, 49 A. 904 (1901) ].”).This court has applied the same rule to the distribution of an intestate share of an estate. Walker v. Upson, supra, ......
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