Probate Court ex rel. Sawyer v. Enright
Supreme Court of Vermont
Debt on an administrator’s bond. Plea, a release under seal. Replication, that the release was procured by fraud. Trial by court at the December Term, 1905, Windsor County, Miles, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the case.
1Opinion of the CourtMunson, J.
The prosecutrix was entitled to a distributive share in the estate of her father, Lemuel A. Giles. Her brother, William H. Giles, now deceased, was the administrator. Defendant was a surety on the administrator’s bond. The suit is upon this bond, and the breach declared upon is the administrator’s failure to pAy the plaintiff her share. The plea is that the plaintiff by her deed duly signed, sealed and delivered, for a valuable consideration, released and discharged the defendant from this liability. The replication is that, the release was obtained by the fraud of the defendant and his…
2Cases cited2 opinions
- Poole v. Massachusetts Mutual Accident Ass'nSupreme Court of Vermont · 1902
- Walker v. HitchcockSupreme Court of Vermont · 1847
3Cited by5 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Brown v. AitkenSupreme Court of Vermont · 1916
- Dernier v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1920
- Klapprott v. United StatesCourt of Appeals for the Third Circuit · 1948
- Bradley v. BlandinSupreme Court of Vermont · 1917