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Beach v. Beach

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eBook details

  • Title: Beach v. Beach
  • Author : Supreme Court of Connecticut
  • Release Date : January 23, 1954
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

The plaintiff brought this action to
the Superior Court in Hartford County on December
19, 1951, against the defendants Joseph W. Beach
and George H. Day, executors under the will of
Mary Batterson Beach, and the defendant Goodwin B.
Beach. She claimed certain deficiencies in the
payments due under a separation agreement between
her and the defendant Goodwin B. Beach, the
performance of which had been guaranteed by the
decedent. The defendants denied that there was any
deficiency. They also, in special defenses,
alleged that the claim of the plaintiff was barred
in part by the Statute of Limitations. The
defendant executors further alleged that the
plaintiff was estopped from asserting her claim
against them because of her failure to give notice
of any default to, or make any demand upon, their
decedent during her lifetime. The trial court
rendered judgment for the plaintiff against all
the defendants and they have appealed. A summary of the finding, with such corrections
as are warranted, follows: The defendant Goodwin
B. Beach and the plaintiff, husband and wife,
resided in Hartford. Mary B. Beach and Dr. Charles
C. Beach were the mother and father of Goodwin. On
May 14, 1920, and August 29, 1923, Goodwin and his
brother, the defendant Joseph W. Beach, at the
request of their mother created trusts from which
the plaintiff was to receive the net income during
her life. On September 15, 1925, the plaintiff and
Goodwin entered into a separation agreement. In
connection therewith Goodwin set up a third trust,
the net income from which was to be paid to the
plaintiff during her life. The separation agreement
[141 Conn. 586]


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