Westcott v. Estate of Westcott
Supreme Court of Vermont
Appeal from tbe Probate Court for tbe District of Fair Haven. Declaration, general assumpsit. Plea, the general issue. Trial by jury at the March Term, 1896, Rutland County, Taft, J., presiding. The declarations of the decedent, referred to in the opinion, were to the effect that he had sent for the plaintiff to come home and work on the farm for the reason that he could do better there than in the West where he had been.
Read the full summary
Appeal from tbe Probate Court for tbe District of Fair Haven. Declaration, general assumpsit. Plea, the general issue. Trial by jury at the March Term, 1896, Rutland County, Taft, J., presiding. The declarations of the decedent, referred to in the opinion, were to the effect that he had sent for the plaintiff to come home and work on the farm for the reason that he could do better there than in the West where he had been. The plaintiff requested the court to instruct the jury that there was no evidence from which they could infer any expectation that the plaintiff should be paid for his…
1Opinion of the CourtStart, J.
The question of whether there was any evidence tending to support the plaintiff’s claim is presented for consideration by the defendant’s request to charge. The plaintiff’s evidence tended to show, that he was a son of the deceased, David Potter Westcott; that, after he became twenty-one years of age, he left his father’s home, where he had formerly resided, and went to Michigan, where he was married and spent a few years; that his father sent for him to come home; that his father stated he had a good deal of land and the plaintiff had better come, home to work on the farm, as he could do…
2Cases cited5 opinions
- Freeman v. FreemanIllinois Supreme Court · 1872
- Roach v. CaldbeckSupreme Court of Vermont · 1892
- Sawyer v. Hebard's Est.Supreme Court of Vermont · 1886
- of Doane v. DoaneSupreme Court of Vermont · 1874
- Banister v. OvittSupreme Court of Vermont · 1892
3Cited by5 opinions
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Hall v. FletcherSupreme Court of Vermont · 1925
- White v. AlmySupreme Court of Rhode Island · 1912
- Danyew v. Juliana D. Powers' EstateSupreme Court of Vermont · 1911
- In re Bryant's EstateSupreme Court of Vermont · 1901