Darling v. Emery
Supreme Court of Vermont
Appeal in Chancery. Heard on a master’s report and defendant Emery’s exceptions thereto at the December Term, 1900, Orange County, Watson, Chancellor, presiding. Exceptions overruled and decree sustaining the gift in question. The defendant Emery appealed. A careful examination of the testimony will show that the finding of the master as to the gift, are unsupported except by evidence received under objection. The testimony of Albert and Chester Niles was inadmissible.
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Appeal in Chancery. Heard on a master’s report and defendant Emery’s exceptions thereto at the December Term, 1900, Orange County, Watson, Chancellor, presiding. Exceptions overruled and decree sustaining the gift in question. The defendant Emery appealed. A careful examination of the testimony will show that the finding of the master as to the gift, are unsupported except by evidence received under objection. The testimony of Albert and Chester Niles was inadmissible. The. relation of the defendants to each other in a bill of interpleader is the same as if one bad brought a bill against the…
1Opinion of the CourtStafford, J.
The controversy is over four bonds that once belonged to Pauline Cabot, who lived in Chelsea, Vt., and died there in February, 1894. Her administrator, Mr. Emery, claims them all as part of her estate. On the other hand, two of them are claimed by the Niles children, and the other two by the Haskins children, as gifts made to them by Mrs. Cabot in apprehension of death. During her last illness she had placed them in the hands of Mr. Hebard, a lawyer in Chelsea, who also died a few months after Mrs. Cabot, leaving the bonds among his papers. Mr. Darling became his administrator, and, in view…
2Cases cited4 opinions
- Brunson v. HenryIndiana Supreme Court · 1894
- Emery v. CloughSupreme Court of New Hampshire · 1885
- Wade v. ButtonSupreme Court of Vermont · 1900
- Smith v. JonesSupreme Court of Vermont · 1896
3Cited by1 opinion
- Estate of EscolleCalifornia Court of Appeal · 1933