The Newtown bee., 1893-10-06
though composed from time to time of different individuals.
WE ARE OF OPINION.

WE ARE OF OPINION,
 however, that the time set for the dvi- | sion of the trust estate is not so remote | as to contravene the rule against per petuities. The settlement of the estate | of a deceased person in this state is or dinarily completed within one or two years. Our courts of probate are nu merous and access to them always easy. The executOr is bound to offer the will for probate within 30 days from the testa- tors death, Gen. Sta. Sec. 547. The form of probate bond, long prescribed by statute, obliged the executor to rem der his final account at 8 day set by the court, generally within year from the grant of letters testamentary, Stat Ed.
 of 1921, p. POI; Rev. of 1866, p. 4O4, sec | II; Warren V, Powers, , Conn.,, 373, 375.
 Twelve months is the longest period that can be fixed by the court for
 | THE PRESENTATION OF CLAIMS,
 and suit upon rejected claims must be
 brought promptly, if at all, Gen. Sta. | Sections 53l, 5S3. Should an executor
 neglect to settle an estate within req
 sonable time, the court of probate can re-
 move him ca summary proceedings Gen.
 Stat, set;. }ll.) and an action lies on his
 probate bend. Davenport V. Richards,
 16 Cora, .310, 320: Sanford V. Thorp, 45 Conn 24l. A partial distribution of residuary estate also can always be or | hy hp rt of hat | the entire residue may not have been as-
 certained, when the legatees are in need
 of their portions, or such appears to be the intent of the will. Clemont V. Brain ard, 4G Conn.,, IT., 1Sl. The testator
 had a right to rely on the courts of his
 state to enforce the proper settlement of
 his estates both as to the manner and
 the time of the proceeding. It would
 appear
 THAT HE HAS NOT
 put his reliance upon them in vain.
 The executor whom he appointed has
 been removed for cause, and within two
 months thereafter, the construction of
 his will has been brought before the court of last resort for final determina-
 ton. It is found by the Superior Court
 that the executor has appealed from the
 decree of removal, and that the penden- cy of that appeal renders the time of the final settlement of the estate uncerta in. 1 It cannot, however, render it remote, since such an appeal takes precedence of
 ordinary actions, as respects the order \ l of ;,,1 rho of 3 feet, the fourteen year period, which l the testator has established, is to com- - mence at the expiration of such reasona-
 ble time after his decease as will suffice
 for the proper settlement of his estate. t WE ARE NOT TO PRESUME
 3 that it will or can be delayed longer . Colt V. Comstock, 5l Conn.,, 352, 382 Tap pans appeal, 52 Conn.,, 4l2, 420 l. Brandenburg V. Thorndike, 139 Mass. 102; 2S Northeastern Rep, 575. Hac = he drawn his will in the form indicated above, it's validity would probably not '- have been questioned. But wills art Il not defeated by informality in the ex l- pression of the testator's wishes, where II his substantial intent is apparent, anC l. the estate which he seeks to create i Il not an unla Wful one. It iS our OpinioI IS that the trust establi~hed by Elo1 Il Booth will commence ut the time whel 'e the accounts of the exocutor or admins
 trator of his estate are, or should be
 settled in due conree of administration ,t and that this time cannot b. so long d. in layed as seven years from his decea t ir Janan on wills, TT, 797, note II. De -s-s IT Is NOT NECESSARY
 a that such settlement >hould he the tina . accounting of the executor ar admini
 trator in the court of probate. It is al <, parent that The annuities charged upo
 the trust were intended to aid in the SUI ;. port of those who were to receive then ,. One of them, the sister of the testato of is presumably person in advance .,s years, and counsel for the heirs at Ia l. have stated in their argument that bot :, she and the widow of Orville Booth we :, over eighty years of age at the deceas aa of the testator. No delay in the fin settlement of so ample an estate eou =, be permitted to postpone for seven yea
 the annual payments to these aged wor
 en of the moderate provision which u will has made for them. Long befo
 the lapse of such a period, it would en the duty of the trustee to require u on executor or administrator to render su, se accounts
 TO THE COURT OF PROBATE, er and apply for such an order therenn, ,e-I would result in the pay ment to the ffu he tee of a sum sufficient at least to raise : h. the annuities, and the fourteen years pc he iod would then begin. This action W ec- originally brought by the administrat re de bonis non. all the heirs at law exec nd one, and all the residuary lsgstee la against the remaining heir, asihe sole d le- fendaht. Most Of the re~iduat ' leg te st. were minors, and sued by the widow Of Orville Booth as their next friend a ss, reservation of the case for the advice