Bellows v. Sowles
Supreme Court of Vermont
Bill in Chancery. Heard on demurrer to the bill, September Term, 1884, Royce, Chancellor. Demurrer overruled. The bill alleged, that one Hiram Bellows bequeathed to the “surviving children of James F. Bellows $2,000 each,” &c.; that the orator “is a son of the said James F. Bellows named in the will of the said testator, and one of the legatees named in said will”; that the Probate Court had decreed that the defendant should pay to each of the legatees named in the will the…
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Bill in Chancery. Heard on demurrer to the bill, September Term, 1884, Royce, Chancellor. Demurrer overruled. The bill alleged, that one Hiram Bellows bequeathed to the “surviving children of James F. Bellows $2,000 each,” &c.; that the orator “is a son of the said James F. Bellows named in the will of the said testator, and one of the legatees named in said will”; that the Probate Court had decreed that the defendant should pay to each of the legatees named in the will the sum bequeathed to him. The bill prayed that an account might be taken, and that( the defendant be decreed to pay what…
1Opinion of the Court
The opinion of the court was delivered by •
Taft, J.
The only substantial objection urged by the defendant to a decree, is that chancery has no jurisdiction. It is true, as he insists, that the jurisdiction of the settlement of estates is vested in the Probate Court, but it is equally true that “ in the case of unpaid legacies the Court of Chancery has always exercised a kind of general concurrent jurisdiction, as in matters of account.”- Adams v. Adams, 22 Vt. 50. This interference is in aid of the powers of the Probate Court. When the latter court ordered the payment of the legacies named in…
2Cases cited1 opinion
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
3Cited by7 opinions
- In re Welch's WillSupreme Court of Vermont · 1896
- Weeks v. SowlesSupreme Court of Vermont · 1886
- Sowles v. WittersU.S. Circuit Court for the District of Vermont · 1889
- In re First Nat. BankU.S. Circuit Court for the District of Vermont · 1891
- Sowles v. First Nat. Bank of St. AlbansU.S. Circuit Court for the District of Vermont · 1893
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