Legal Opinion

Probate Court v. Sawyer

Supreme Court of Vermont

Decided October 15, 1886PublishedCited by 1 opinion

PiiORECtmoN of probate bond signed by defendants Sawyer, W. II. H. Kenfield, and C. C. Morse. Heard April Term, 1886, Lamoille County, Powers, J., presiding. Messrs. Brigham & McFarland, the attorneys for the heirs of Jonas Moore, signed the application to the Probate Court for leave to prosecute the bond. They also gave a bond to the defendants conditioned that the said McFarland prosecute the suit to effect, etc.

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PiiORECtmoN of probate bond signed by defendants Sawyer, W. II. H. Kenfield, and C. C. Morse. Heard April Term, 1886, Lamoille County, Powers, J., presiding. Messrs. Brigham & McFarland, the attorneys for the heirs of Jonas Moore, signed the application to the Probate Court for leave to prosecute the bond. They also gave a bond to the defendants conditioned that the said McFarland prosecute the suit to effect, etc. The Probate Court granted permission to said McFarland, as attorney-of said heirs, to prosecute said bond. It appeared from the declaration that the heirs were the widow of said…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

I. If it was necessary to endorse the names of the husbands of Mrs. Clayton and Mrs. Smith with their names as prosecutors upon the writ — in regard to which no decision is made — the defect arising therefrom could be taken advantage of only by plea in abatement. 1 Chitty Pl. 33; Probate Court v. Strong, 24 Vt. 146.

A motion to dismiss would not reach the defect, if any, as it does not appear from the record. The husbands wore required to join, if at all, because of the marital relation. , The wives, being the heirs to the estate, to whom their…

2Cases cited3 opinions

  1. Probate Court for the District of Randolph v. BrainardSupreme Court of Vermont · 1876
  2. Rutland Probate Court v. HullSupreme Court of Vermont · 1885
  3. Probate Court v. StrongSupreme Court of Vermont · 1852

3Cited by1 opinion

  1. In Re Miriam Thomas (Paul Thomas, Appellant)Supreme Court of Vermont · 2026

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