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Nickerson v. Griffing

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eBook details

  • Title: Nickerson v. Griffing
  • Author : Supreme Court of Connecticut
  • Release Date : January 19, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

This is an appeal from a judgment of
the Superior Court in Fairfield County affirming a
decree of the Probate Court for the district of
Danbury appointing Florence S. Griffing administratrix
of the intestate estate of Ella L. Smith. The motion
for appeal to the Superior Court alleged that Mrs.
Nickerson, a woman ninety-three years of age, was a
sister and an heir at law of the deceased Ella L.
Smith, who died leaving no parents, children or
[139 Conn. 722]
spouse; that on April 4, 1950, the Probate Court
made an order appointing Florence S. Griffing
administratrix of the decedent's estate; that Mrs.
Nickerson was aggrieved by the order; that she "has a
cause of action against the said Florence S. Griffing
and others claiming that the administratrix and
others combined to defraud the decedent and [Mrs.
Nickerson] as well as all the other heirs"; that "[a]
portion of said fraudulent proceedings was the
obtaining of the apparent consent of [Mrs. Nickerson]
to her appointment"; and that an administrator
who is not charged with any such fraud and who
will investigate the causes of action which the
decedent might have is the proper and necessary type
of appointee. No reasons of appeal were filed. The
answer was a general denial. On the trial in the
Superior Court the jury found the issues for the
defendant and further expressly found "that the
Order of the Probate Court . . . dated April 4, 1950,
appointing Florence S. Griffing as Administratrix of
said Estate is valid and of full force and effect." The
court denied the motion to set aside the verdict and
entered judgment that the order of the Probate Court
is valid and of full force and effect. The plaintiff
has appealed to this court. On his brief he presses
only claimed errors in the charge and in rulings on
evidence.


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