Legal Opinion

Clark v. Peck

Supreme Court of Vermont

Decided February 15, 1868PublishedCited by 6 opinions

Bill in chancery. The bill set forth that on or about the 10th day of September, 1841, the1 oratrix, Louisa Clark, married Tully A. Clark, her present husband, and ever since said marriage said Louisa and Tully A. have lived, and still do live, together as husband and wife, and have, now living, three lawful minor children; which was admitted in the answers of the defendants.

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Bill in chancery. The bill set forth that on or about the 10th day of September, 1841, the1 oratrix, Louisa Clark, married Tully A. Clark, her present husband, and ever since said marriage said Louisa and Tully A. have lived, and still do live, together as husband and wife, and have, now living, three lawful minor children; which was admitted in the answers of the defendants. On or about the twenty-fifth day of April, 1850, Perez Clark, the father of Tully A., since deceased, made and executed his last will and testament, containing the following provisions, viz.: “ It is my will that all my…

1Opinion of the Court

The opinion of the court was delivered by

PiERPOXNT, C. J.

It appears in this case, that Tully A. Ciarle, one of the defendants, is the husband of Louisa Clark, the oratrix, and the son of Perez Clark deceased. Fessenden Clark, pne of the orators, is the'administrator, with the will annexed, of the said Perez Clark. Shubael Peck, the other defendant, is a judgment creditor of the said Tully A. Clark, seeking to collect his execution by the sale of certain property which he has taken thereon, claiming it to be the property of the said Tully A. The-orators claim that the said property belongs to…

2Cited by6 opinions

  1. In Re Beach's EstateSupreme Court of Vermont · 1930
  2. Conant's Ex'rs v. PalmerSupreme Court of Vermont · 1891
  3. In re RooneyDistrict Court, D. Vermont · 1901
  4. Royce v. VandeusenSupreme Court of Vermont · 1876
  5. Blackmer's Exr. v. BlackmerSupreme Court of Vermont · 1891

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