Legal Opinion

Estate of Johnson v. Estate of Johnson

Supreme Court of Vermont

Decided November 15, 1868PublishedCited by 13 opinions

Appeal from tbe orders or decisions of tbe probate court of tbe district of Washington in tbe estate of Jesse Johnson. It appeared that said Jesse died intestate, March 17,1865, and his widow, Ruth, died on the 26th of the same month, and before any proceedings had been taken in the probate court for the settlement of the estate of Jesse.

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Appeal from tbe orders or decisions of tbe probate court of tbe district of Washington in tbe estate of Jesse Johnson. It appeared that said Jesse died intestate, March 17,1865, and his widow, Ruth, died on the 26th of the same month, and before any proceedings had been taken in the probate court for the settlement of the estate of Jesse. Jesse diecj/Aezed of a parcel of real estate in Middlesex, in said county, on which was a dwelling-house and out-buildings, and the same were kept and used by himself and family as a homestead at the time of his decease, and were of the value of about 11000.…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

The question is whether the widow’s one third of the personal estate of her intestate husband vests in her at the death of her husband, or only upon assignment of it to her by tile probate court. In this case, the widow, Ruth, died before any assignment to her from the personal estate of her deceased husband, Jesse. There was no issue of their marriage, but it was the second marriage of both, and each left children by a former marriage. It now becomes a question of some practical importance, whether the one third of the personal property,…

2Cases cited2 opinions

  1. Thayer v. ThayerSupreme Court of Vermont · 1842
  2. Holmes v. BridgmanSupreme Court of Vermont · 1864

3Cited by13 opinions

  1. Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
  2. Niles v. DanforthSupreme Court of Vermont · 1923
  3. Barton v. WilsonSupreme Court of Arkansas · 1915
  4. State Ex Rel. Case v. Superior CourtWashington Supreme Court · 1945
  5. In Re O'rourke's EstateSupreme Court of Vermont · 1934

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