Connecticut Superior Court June 6, 1947, File 68986 (Parlato v. McCarthy)

MURPHY, J.

The question involved in this case is one that would ordinarily be raised in an action by the executor for the construction of the will. He did not do so, as he quite apparent' iy should have, if the allegations of his speoial defense are to be taken at their face value.

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The plaintiff, a legatee, brings this action to compel the defendant executor to pay the legacy.