30 Conn. 297 | Conn. | 1861
The question in this cause respects the title to a fund of $17,000 which the late Judge Huntington by his will directed to be invested and held, and the income thereof paid to his widow for her use and disposal; and at her decease the principal, and all the income which had not then become due, to be paid over to his father, Zachariah Huntington, if then alive, but if dead, then to such person or persons as his father should by his last will and testament designate and appoint. Zachariah Huntington died previ
We have said nothing in respect to the construction of the wills of Zachariah Huntington and Thomas M. Huntington, because from what has been said it appears that they do not in any way affect this fund. It is proper to remark however that the will of Zachariah does not profess to be an execution of the power granted him in the will of his son Jabez W. He does not in any part of his will refer to this power of appointment or to the subject-matter of it; and his will only professes to dispose of his own private property. Indeed we do not understand that it is claimed that it can have any effect upon the fund, unless the court should be of opinion that he took something more than a mere power over the fund in the event of his not surviving the widow.
We therefore advise the superior court that the administrator of the intestate estate of Jabez W. Huntington is entitled to this fund, for the purpose of distribution to his legal heirs, after deducting the expenses incident to the settlement of his estate.
In this opinion the other judges concurred.