The Newtown bee., 1900-11-30

titled cauee was brought to this court 0n the first Tuesday of April, A. D., 1900, and on April g, 1900, the complaint was amended as on file by and with the con- sent of all the parties thereto and on the 24:h day of April, 1900. the plaintiff and all the defendants appeared and were at issue as on file and Ut the request and by the consent of all the parties to said cause all the queltions of law which may arise or may be raised upon the record in said cause, and as to what advice shall be given or to whom or what judgment should be rendered in said cause were received for consideration and advice of the Hon Supreme Court of Erro1s to be held at Hartford within and for the Flret Judicial district on the first Tuesday in May, A. D., 1900.
 Said cause was duly entered upon the docket of said Supreme Court of Errors for the First Judicial district on the first Tuesday of May, 1900, when and where the parties by their re. e.pective counsel appeared and were fully heard.
 And now the Supreme Court of Errors upon due consideration doth advise this court to render judgment herein as set forth in the opinion of said court.
 Wherefore this court doth adjudge and decree:
 First: That st the end of the trust in 1900 the four children of Lawrence Mitchell banned in the sixth section of said will (they being all his children at the death of the testator) do not take the two. ffths of said estate devised to said Lawrence Mitchell and his children iD equal portions by the lO;h section of the will.
 Second: The said two fifths devised and bequeathed to Lawrence Mitchell and his children equally should be dis t.ibuted into six equal parts and set one part to the estate of Lawrence Mitchell, deceased; one part to children of Nellie Mitchell; one part to Benjam Ward Mitchell one part to Vivian E. Mitchell |; one part to Frank Mitchell and ons part to Jessie P. Mitchell Blackman.
 Third: The defendant, Mary K. Mitchell, the widow of said Lawrence Mitchell, deceased, has 10 statutory in. terest in said two Afths of said estate.
 Fourth: The two-fifths of said estste ''devised and bequeathed to Lawrence Mitchell and his children'' vested in them as class at the death of the testator.
 Fifth: The death of Lawrence Nitch- ell before the closing of the trust in 1900 does not make the portion of the two. flfths bequeathed to him become intestate estate.
 Tho plaintiff herein, David Y. Mitchell, executor, is directed to pay from the funds of said estate all of the taxable costs herein and also to the counsel for the respective parties as follows:
 Huntington & Warner, $500 and elO4 for cash disbursements.
 DeForest & Klein, &15OO. William c. Case, $150O.
 Watrous 6 Day, $5O0.
 And the clerk of this court is hereby directed to transmit certified copy of this judgment to the Honorable Probate Court for the district of Woodbury for it's guidance in the further settlement of said estate.
 By the Court,
 Shumway, Judge.
 State of Connecticut, Litch fl cid Coun- ty, SS.
 Office of the Clerk of the Superior Court for said County.
 I, Dwight c. Kilbourn, Clerk of the Superior Court, within and for the county of Litch f cid in the State of Connecticut and keeper of the records and seal there of, do hereby certify that the within and foregoing is a true copy of the case: David M. Mitchell, executor, Mary K. Mitchell, ct. al.
 In testimony whereof, have hereunto set my hand and affixed the seal of said court at Litchaeld, this 22d day of Mo- vember, A. D. 1900.
 Dwight c. Kilbourn, Clerk.