Green v. Clark
Supreme Court of Vermont
Appeal from a decree of the probate court appointing an administrator of the estate of Thomas Clark, deceased. The appellants set forth in their plea “that the said Alanson M. Clark ought not to be appointed administrator of the estate of the deceased, because the said Thomas Clark did not die intestate, but on the contrary thereof, in his life time made and executed his last will and testament, and therein appointed Cary Clark his executor, and that said Cary duly presented…
Read the full summary
Appeal from a decree of the probate court appointing an administrator of the estate of Thomas Clark, deceased. The appellants set forth in their plea “that the said Alanson M. Clark ought not to be appointed administrator of the estate of the deceased, because the said Thomas Clark did not die intestate, but on the contrary thereof, in his life time made and executed his last will and testament, and therein appointed Cary Clark his executor, and that said Cary duly presented said will to the probate court for the district of Georgia, &c., and that said court on the eleventh day of July, A. D.…
1Opinion of the Court
The opinion of the court was delivered by
Rgyce, Ch. J.
This was an appeal from a decree of the probate court, appointing Alanson M. Clark administrator upon the estate of Thomas Clark. And the question presented by the pleadings is, whether an administrator for general purposes could legally be appointed, before the decision of the county court upon a former appeal, disallowing the will of Thomas Clark, was certified to the probate court.
The statutes regulating appeals from probate courts have uniformly required that the final decision consequent upon an appeal shall be certified back to the…
2Cited by4 opinions
- Burgett v. AppersonSupreme Court of Arkansas · 1889
- Atherton v. FullamSupreme Court of Vermont · 1883
- Buffum v. Haynes' EstateSupreme Court of Vermont · 1896
- In re the administration of the Estate of HillNew Jersey Court of Chancery · 1897