Pierce v. Estate of Pierce
Supreme Court of Vermont
Appeal from commissioners, in the form of hook account. The County Court appointed an auditor, who reported substantially the following facts : That the plaintiff intermarried with the widow Malona Flint, in 1843, who had real and personal property in her own right; her real estate consisting of a dwelling-house at St. Johnsbury center village, and her personal property consisting of money, demands, and furniture, to the amount of three or four hundred dollars.
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Appeal from commissioners, in the form of hook account. The County Court appointed an auditor, who reported substantially the following facts : That the plaintiff intermarried with the widow Malona Flint, in 1843, who had real and personal property in her own right; her real estate consisting of a dwelling-house at St. Johnsbury center village, and her personal property consisting of money, demands, and furniture, to the amount of three or four hundred dollars. That soon after their marriage, the plaintiff took up his residence in the house of the said Malona, where they continued to reside…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This is a claim in the form of book account, for repairs made by the husband, upon the real estate of the wife, while in the possession of the husband, during coverture, and for taxes. During this same term, the rents of such estate greatly exceeded the repairs, and taxes.
1. No transaction between husband and wife, during coverture, will create a debt against the estate of the wife after her decease.
2. This claim has been more than reimbursed by the rents; so that the plaintiff has no just claim for compensation, even in a court of…
2Cited by2 opinions
- Webster v. HildrethSupreme Court of Vermont · 1860
- Premo v. HewittSupreme Court of Vermont · 1883