Kellogg v. Johnson

Supreme Court of Connecticut

Kellogg v. Johnson

38 Conn. 269

CourtSupreme Court of Connecticut

DecidedAugust 15, 1871

StatusPublished

Cited by7 cases

This text of 38 Conn. 269 (Kellogg v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kellogg v. Johnson, 38 Conn. 269 (Colo. 1871).

Pincite

Opinion

Park, J.

It appears in this case that the administrator, on the 7th day of April, 1868, in pursuance of a verbal order of the court of probate, which was perfected and made a formal [271]*271order on the 28th day of December, 1869, made distribution of the estate in question to the persons that the court of probate found were the heirs at law of the deceased, and entitled to receive the same. This order of the court of probate has never been reversed, but it now remains in full force, and we think it furnishes full protection to the administrator, and a conclusive answer to this suit on the probate bond, until it shall be regularly set aside on appeal taken from the order to the Superior Court. "We think this view of the case is fully sustained by the following cases: Davenport v. Richards, 16 Conn., 310; Gates v. Treat, 17 id., 388; Bissel v. Bissel, 24 id., 241.

We advise a judgment in favor of the defendants.

In this opinion the other judges concurred; except Seymour, J., who having been consulted in the case when at the bar did not sit.

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Park, J.

It appears in this case that the administrator, on the 7th day of April, 1868, in pursuance of a verbal order of the court of probate, which was perfected and made a formal [271]*271order on the 28th day of December, 1869, made distribution of the estate in question to the persons that the court of probate found were the heirs at law of the deceased, and entitled to receive the same. This order of the court of probate has never been reversed, but it now remains in full force, and we think it furnishes full protection to the administrator, and a conclusive answer to this suit on the probate bond, until it shall be regularly set aside on appeal taken from the order to the Superior Court. "We think this view of the case is fully sustained by the following cases: Davenport v. Richards, 16 Conn., 310; Gates v. Treat, 17 id., 388; Bissel v. Bissel, 24 id., 241.

We advise a judgment in favor of the defendants.

In this opinion the other judges concurred; except Seymour, J., who having been consulted in the case when at the bar did not sit.

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Bluebook (online)

38 Conn. 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellogg-v-johnson-conn-1871.

Opinion

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