George v. Dutton's Estate
Supreme Court of Vermont
Appeal from the probate court for the District of Washington, Washington County, from the allowance of the administrator’s account in the estate of Asa G. Dutton. Heard on exceptions by the plaintiff, a creditor of the estate. The’ estate was settled and the administrator’s account rendered on the theory that the administrator had no control over the store property mentioned in the opinion. The opinion states the facts.
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Appeal from the probate court for the District of Washington, Washington County, from the allowance of the administrator’s account in the estate of Asa G. Dutton. Heard on exceptions by the plaintiff, a creditor of the estate. The’ estate was settled and the administrator’s account rendered on the theory that the administrator had no control over the store property mentioned in the opinion. The opinion states the facts. Under statutes authorizing a married woman to conduct business on her sole and separate account, or to contract with reference to her separate estate, or as a feme sole, she…
1Opinion of the CourtWatson, C. J.
[1] The store property, both real and personal, was purchased by Asa Gr. Dutton and Mary J. Dutton, his wife, and paid for (in language of the agreed facts) “by funds which were the proceeds of real estate owned in entirety by Asa Gr. Dutton and Mary J. Dutton, and by funds from the sale of personal property also owned'by them.” It will be observed that the character of the ownership of the latter funds is not more definitely, nor otherwise, stated. The word “also” is significant in this respect, relating back, as it does, to the character of the ownership of the real estate from the sale of…
2Cases cited12 opinions
- Bramberry's EstateSupreme Court of Pennsylvania · 1893
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Phelps v. SimonsMassachusetts Supreme Judicial Court · 1893
- Barron v. BarronSupreme Court of Vermont · 1852
- Town of Corinth v. EmerySupreme Court of Vermont · 1891
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3Cited by19 opinions
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- Bailey v. SmithSupreme Court of Florida · 1925
- Oliver v. GivensSupreme Court of Virginia · 1963
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- McNeilly v. Geremia (In Re McNeilly)Bankruptcy Appellate Panel of the First Circuit · 2000
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