30 Conn. 526 | Conn. | 1862
The appellants are the heirs at law of Jabez W. Huntington, and they also are the only heirs of his late father Zachariah Huntington. The appellees are the heirs of Mrs. Sally Ann Huntington, the widow of Jabez W. Jabez W. Huntington provided in' his will that the sum of seventeen thousand dollars should be invested by his executor, Zachariah Huntington, and the income thereof paid over to his widow during her life, and that upon her decease the principal should become the property of his father, if then alive, but if he should be dead at the decease of his widow, then that it should be paid over to such persons as the said Zachariah by his last will and testament might designate and appoint. Zachariah Huntington having died during the life, of the tes
But we have not deemed it necessary to determine this question, and do not intend to discuss or determine it, because we are satisfied that if Mrs. Huntington ever had any intei’est in a portion of this fund she released it by the indenture of the 25th of May, 1848. It was claimed that the sole purpose of this indenture was to change the trustee. We do not so consider it. Had that been the only object the parties never would have entered into the covenants they did in respect to the disposition to be made of the fund after the decease of Mr. Huntington. All that was necessary for them to do to execute such a purpose was for Mr. Huntington to surrender or
In this opinion the other judges concurred.