King v. Davis
Supreme Court of Vermont
Bill of interpleader. Heard on tbe report of special masters, September Term, 1886. Powers, Chancellor. Affirmed. It was decreed that the assignment executed by Polly G-ould and John Gould to the said A. O. Cummings, administrator of Henry M. Cummings, of their expectancy in the estate of Lucinda Cutler, mentioned in 'said report, be set aside and held for naught; and that the defendant Davis, administrator of Polly Gould’s estate, is entitled to the fund paid into the court…
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Bill of interpleader. Heard on tbe report of special masters, September Term, 1886. Powers, Chancellor. Affirmed. It was decreed that the assignment executed by Polly G-ould and John Gould to the said A. O. Cummings, administrator of Henry M. Cummings, of their expectancy in the estate of Lucinda Cutler, mentioned in 'said report, be set aside and held for naught; and that the defendant Davis, administrator of Polly Gould’s estate, is entitled to the fund paid into the court by the orator, with its accumulations, and the same is decreed to him to hold as assets of said Polly’s estate, and…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The contention is between the interpleading defendants, — Davis, as the representative of Polly Gould’s estate, and Cummings, as the representative of Henry M. Cummings’ estate, — and is, whether Polly Gould, December 13, 1881, possessed sufficient mental capacity to make binding-the transaction then entered into by her with the defendant, A. O. Cummings. She was then nearly ninety years old, and her mental faculties much enfeebled and obscured. "The measure of capacity required to make a binding contract was recently before this court sitting…
2Cases cited1 opinion
- Stewart v. FlintSupreme Court of Vermont · 1886
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