Legal Opinion

Potter v. Potter

Supreme Court of Vermont

Decided January 15, 1892PublishedCited by 2 opinions

Bill in chancery. Heard at the September term, 1891, ■upon pleadings and a master’s report. Thompson, Chancellor, decreed for the oratrix. The defendants appeal. The father of the oratrix was afflicted with a cancer. Some years before his death he came to reside in the family of the oratrix upon the understanding between the oratrix and her husband that whatever was paid for his care and nursing should be hers.

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Bill in chancery. Heard at the September term, 1891, ■upon pleadings and a master’s report. Thompson, Chancellor, decreed for the oratrix. The defendants appeal. The father of the oratrix was afflicted with a cancer. Some years before his death he came to reside in the family of the oratrix upon the understanding between the oratrix and her husband that whatever was paid for his care and nursing should be hers. After the death of her father an administrator and commissioners were appointed upon his estate. The husband had an ■account against the estate for other matters. To this was added ■an…

1Opinion of the Court

The opinion of the court was delivered by

ROSS, Ch. J.

The indebtedness which the oratrix seeks to hold, accrued to her, with her husband’s consent and agreement. She was the meritorious cause of the indebtedness. Baird and wife v. Fletcher, 50 Vt. 603. The master has found that the husband gave the oratrix the right to have the debt, which should accrue from keeping her father and that it accrued to her. This the husband could legally do, if it amounted to a gift, unless it trenched upon the rights of creditors. Barron v. Barron, 24 Vt. 375; Cardell v. Ryder, 35 Vt. 47. It did not affect the…

2Cases cited4 opinions

  1. Barron v. BarronSupreme Court of Vermont · 1852
  2. Bent v. BentSupreme Court of Vermont · 1872
  3. Cardell v. RyderSupreme Court of Vermont · 1861
  4. Baird v. FletcherSupreme Court of Vermont · 1878

3Cited by2 opinions

  1. Roberts v. W. H. Hughes Co.Supreme Court of Vermont · 1912
  2. Monahan v. MonahanSupreme Court of Vermont · 1904

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