Sprague v. Estate of Sprague
Supreme Court of Vermont
Book Account, being an appeal from the decision of the commissioners upon the intestate’s estate. The auditor reported that at the hearing before him, the plaintiff gave in evidence a deed from the intestate to him, dated December 22, 1828, of the intestate’s farm, conditioned in the following words : “ that if the said Jedediah Sprague shall, as he has for three years past, live with and assist in providing for us (the said Philip and Clarissa his wife), and also for…
Read the full summary
Book Account, being an appeal from the decision of the commissioners upon the intestate’s estate. The auditor reported that at the hearing before him, the plaintiff gave in evidence a deed from the intestate to him, dated December 22, 1828, of the intestate’s farm, conditioned in the following words : “ that if the said Jedediah Sprague shall, as he has for three years past, live with and assist in providing for us (the said Philip and Clarissa his wife), and also for Clarissa, our daughter, the term of the natural lives of me, the said Philip, and Clarissa, my wife, then the above promises…
1Opinion of the Court
*488The opinion of the court was delivered by
Bennett. J.
We apprehend that there is no ground to claim that Jedediah Sprague was bound to maintain the second wife of the intestate under his contract, and the condition in the intestate’s deed to him. The condition of the deed simply required the plaintiff “ to live with, and assist in providing for the intestate and Clarissa, his wife, and their daughter Clarissa, as he had done for the three years then passed, during the natural lives of the intestate, and Clarissa, his wifeand upon the performance of the condition, the plaintiff was to come into…
2Cases cited1 opinion
- Raymond v. Administrator of the Estate of IshamSupreme Court of Vermont · 1836
3Cited by2 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Town of Panton v. Noonan, Admr.Supreme Court of Vermont · 1941