Richardson v. Estate of Merrill
Supreme Court of Vermont
Appeal from the decree of the probate court settling the account of the administrator of John W. Merrill’s estate. The appeal was taken by the heirs of the intestate.
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Appeal from the decree of the probate court settling the account of the administrator of John W. Merrill’s estate. The appeal was taken by the heirs of the intestate. The cause was referred to a commissioner to take the account of the administrator, who reported the following facts :— Nancy Merrill, the widow of the intestate, was married to him in 1836. In 1837 her father gave her four cows, fourteen sheep, and a horse,, and told her to keep them as her own and for her own benefit. This gift was made to her with the knowledge and consent of her husband, who took the property into his…
1Opinion of the Court
Redfield Ch. J.
I. The first question made is in regard to the payment by the administrator of $800, in conformity with the decree of the probate court, unappealed from. There would seem to be no reason to question the regularity of this payment, uqless upon one of two grounds.
*331. That the payment was not in conformity with the decree.
2. That the decree itself is void.
1. In regard to the first ground there seems no reasonable question. For even if the administrator, in making his charge as a payment for the support of the widow, mistook the legal effect of the decree, it would be no sufficient…
2Cases cited1 opinion
- Porter v. Bank of RutlandSupreme Court of Vermont · 1847
3Cited by20 opinions
- Howard v. Windham County Savings BankSupreme Court of Vermont · 1868
- McCoy v. HyattSupreme Court of Missouri · 1883
- Caldwell v. RenfrewSupreme Court of Vermont · 1860
- Hackett v. MoxleySupreme Court of Vermont · 1892
- Leavitt v. JonesSupreme Court of Vermont · 1882
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