Holmes v. Estate of Holmes
Supreme Court of Vermont
Appeal from a decree of tbe probate court, for tbe district of Orleans, removing George R. Holmes, tbe plaintiff, administrator of tbe estate of Harriet N. Holmes.
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Appeal from a decree of tbe probate court, for tbe district of Orleans, removing George R. Holmes, tbe plaintiff, administrator of tbe estate of Harriet N. Holmes. On tbe trial tbe following facts were conceded, viz : That the said George R. Holmes was tbe husband of tbe said Harriet N. Holmes; and that they were married at Derby, in tbe county of Orleans, in September, A. D. 1845, and resided in Derby till tbe death of Mrs. Holmes, in June, 1846, that she died without issue. Tbe father of Mrs. Holmes deceased before her marriage, but her mother and several brothers and sisters were living at…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
Until the revised statutes gave an appeal, in probate cases, to the county court, and only allowed exceptions upon questions of law, in such cases, to come into this court, all probate matters, resting in discretion, were subject to revision in this court, upon the same grounds they were to be originally decided, in the probate court. - This is now the rule of decision of such questions, in che county court, which is but a higher court of probate, for determining appeals in such matters, as this court formerly was.
But, as the law now…
2Cited by11 opinions
- In re CilleyU.S. Circuit Court for the District of New Hampshire · 1893
- Boyden v. WardSupreme Court of Vermont · 1866
- Maughan v. Estate of BurnsSupreme Court of Vermont · 1892
- In re Welch's WillSupreme Court of Vermont · 1896
- Whitcomb v. Davenport's Est.Supreme Court of Vermont · 1891
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