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SMITH v. FOORD

143 Conn. 550 (1956)

HOWARD C. SMITH, TRUSTEE (ESTATE OF JAMES D. SMITH) v. MADELEINE B. FOORD ET AL.

Supreme Court of Connecticut.

Decided July 3, 1956.

Attorney(s) appearing for the Case

Francis P. Schiaroli, with whom was J. Walter Madigan, for the defendant Cummings.

William Reeves, with whom were Samuel A. Gilliland and, on the brief, Frederick Pope, Jr., for the named defendant et al.

Paul C. Jamieson appeared for the plaintiff.

INGLIS, C. J., WYNNE, DALY, SHEA and COVELLO, JS.

DALY, J.

This action, brought by the plaintiff, as the sole surviving trustee, for the construction of the will of James D. Smith, late of Stamford, comes to this court by reservation upon a stipulated set of facts. In and by article ninth of his will,1 the testator directed that in the event that upon the death of his daughter Helen her son, James, did not survive her, one-half of the residuary trust estate

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