Scott v. Patchin
Supreme Court of Vermont
Heard at the December Term, 1879, Bennington County, on the pleadings and an agreed statement. Donton, Chancellor, ordered, pro forma, that the bill be dismissed.
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Heard at the December Term, 1879, Bennington County, on the pleadings and an agreed statement. Donton, Chancellor, ordered, pro forma, that the bill be dismissed. It was agreed, among other things : That the orator is a son of S. S. Scott, and a grandson of the testator, Lyman Patchin, late of Bennington, and nephew of Henry and Lyman S. Patchin ; that Lyman died August 16,1857 ; that he left a will which was admitted to probate October 7, 1857, by the Probate Court for the district of Bennington ; that Henry Patchin was appointed executor ; that he was residuary legatee ; that the will was…
1Opinion of the Court
*261The opinion of the court was delivered by
Ross, J.
The right of the orator to maintain his bill against Henry Patchin and his grantees of real estate which Henry Patchin took by the devise of his father-, Lyman Patchin, is conceded, as it must be. The' legacy to the orator was clearly made a charge upon the property given to Henry Patchin by the will of Lyman Patchin. We do not think that the payment of the orator’s and other legacies and debts charged thereon, was a condition precedent to the property vesting in Henry Patchin. The fact that the legacies and debts charged thereon were to be…
2Cases cited3 opinions
- Danforth v. SmithSupreme Court of Vermont · 1851
- Lyman v. LymanSupreme Court of Vermont · 1859
- Root v. CollinsSupreme Court of Vermont · 1861
3Cited by3 opinions
- Warner's Admr. v. BronsonSupreme Court of Vermont · 1908
- Sowles v. First Nat. Bank of St. AlbansU.S. Circuit Court for the District of Vermont · 1893
- Estate of Lannon, Superior Court of California, County of San Francisco1897