True v. Estate of Morrill
Supreme Court of Vermont
Appeal from a decree of the probate court setting out to the widow of the intestate a homestead. In the county court, January T].erm, 1856, — Underwood, J., presiding, — .the appellee moved to dismiss the appeal, on the ground that the county court had no appellate jurisdiction of the subject matter. The motion was overruled, and the appellees excepted.
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Appeal from a decree of the probate court setting out to the widow of the intestate a homestead. In the county court, January T].erm, 1856, — Underwood, J., presiding, — .the appellee moved to dismiss the appeal, on the ground that the county court had no appellate jurisdiction of the subject matter. The motion was overruled, and the appellees excepted. The parties then agreed upon a statement of the facts in the case, upon which the county court reversed the decree of the probate court setting out the homestead, to which the appellees also excepted. The facts agreed upon were substantially…
1Opinion of the Court
The opinion of the Court was delivered by
Bennett, J.
It has been settled by this court, in a case in Eutland county, that causes of this description come within the general provisions of the probate law allowing appeals from the decisions of the court of probate.
The more important inquiry in the case is in regard to the character of the property set out to the widow. Was it of the character, and so occupied by the husband at the time of his decease, as to bring the case within the provisions of the first section of the homestead act ? This section defines a homestead as consisting “ of a…
2Cited by17 opinions
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- Davis v. AndrewsSupreme Court of Vermont · 1858
- Whiteman v. FieldSupreme Court of Vermont · 1881
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