CONNECTICUT CHILDREN'S AID SOCIETY v. CONNECTICUT BANK & TRUST CO.


147 Conn. 554 (1960)

THE CONNECTICUT CHILDREN'S AID SOCIETY v. THE CONNECTICUT BANK AND TRUST COMPANY, SUCCESSOR TRUSTEE (ESTATE OF WINCHELL SMITH), ET AL.

Supreme Court of Connecticut.

Decided July 26, 1960.


Attorney(s) appearing for the Case

Bruce W. Manternach, with whom was R. Regner Arvidson, for the plaintiff.

J. Harold Williams, with whom was Robert E. Pritchard, for the named defendant.

Charles B. Milliken, for the defendant The Connecticut Bank and Trust Company, Trustee (The Hartford Foundation for Public Giving).

KING, MURPHY, MELLITZ, SHEA and SHANNON, JS.


MELLITZ, J.

The plaintiff has been authorized by No. 568 of the Special Acts of 1959 (29 Spec. Laws 547) to merge into The Hartford Orphan Asylum and has brought this action for a declaratory judgment to determine whether, if it enters into such a merger, it will cease to exist within the meaning of.article eleventh of the last will and testament of Winchell Smith, late of Farmington, who died in 1933. The questions propounded are (a) whether the plaintiff's existence...

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