In re Welch's Will
Supreme Court of Vermont
Appeal from Probate. Heard at the June Term, 1896, Addison County, Rowell, J., presiding, on motion of the appellant that the petitioner be ordered to furnish security for costs which motion was granted as matter of right, and on demurrer to the appellant’s plea, which was overruled and the plea adjudged sufficient, and upon the appellant’s motion for a trial by jury which was granted as a matter of right. All said rulings were pro forma. The case is stated in the opinion.
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Appeal from Probate. Heard at the June Term, 1896, Addison County, Rowell, J., presiding, on motion of the appellant that the petitioner be ordered to furnish security for costs which motion was granted as matter of right, and on demurrer to the appellant’s plea, which was overruled and the plea adjudged sufficient, and upon the appellant’s motion for a trial by jury which was granted as a matter of right. All said rulings were pro forma. The case is stated in the opinion. The appellant seeks to raise an issue of fact by pleading that the petitioner was not the person designated by the…
1Opinion of the CourtRoss, C. J.
By the will of Harriet A. Welch, which was duly probated, a legacy of five hundred dollars is given to Harriet Ellen Hubbard, a niece of the testatrix.
The probate court decreed this legacy to Harriet E. Hubbard, a niece of the testatrix, May 20, 1895. No niece of the testatrix, bearing the name of Harriet Ellen Hubbard, appearing to claim the legacy, October 4, 1895, Harriet Ella Hubbard Field, a niece of the testatrix, filed her petition in the probate court setting forth, that she is the person designated in the will, and that Harriet Anna Hubbard, also a niece of the testatrix, asserts…
2Cases cited11 opinions
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- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
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- Holmes v. Estate of HolmesSupreme Court of Vermont · 1854
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3Cited by13 opinions
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- Cartwright v. HolcombSupreme Court of Oklahoma · 1908
- State v. HirschSupreme Court of Vermont · 1917
- Everett v. WingSupreme Court of Vermont · 1931
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