Legal Opinion

Hodges v. Phelps

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 11 opinions

Bill to enforce the payment of a legacy against certain lands. Heard at the August term, 1891, upon bill and answer. TyMer, chancellor, decreed for the orators. Both parties appeal. The opinion states the case. By accepting the deed from Mrs. Platt the defendants became personally liable for the payment of the legacy in suit. Hills. Sharp, Thom. Cases 188; Gian v. Fisher, 6 John. Ch. 33, (10 Am.

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Bill to enforce the payment of a legacy against certain lands. Heard at the August term, 1891, upon bill and answer. TyMer, chancellor, decreed for the orators. Both parties appeal. The opinion states the case. By accepting the deed from Mrs. Platt the defendants became personally liable for the payment of the legacy in suit. Hills. Sharp, Thom. Cases 188; Gian v. Fisher, 6 John. Ch. 33, (10 Am. Dec. 310) ; Larkin v. Mann, 53 Barb. 267 ; Cole v. Cole, 53 Barb. 607 ; Re Phelps’ Will, 56 Vt. 661; Pickerings. Pickering, 15 N. H. 281. The heirs of each annuitant would take per stirpes. Sch.…

1Opinion of the Court

The opinion of the court was delivered by

ROWELL, J.

Timothy P. Phelps, who died on August 25, 1864, devised to George Whittemore for life that part of his *305home farm lying in Colchester, “subject to the charges and the payment of the sums ’’mentioned in the will, with remainder over of an undivided half thereof to the children of the said George born in lawful wedlock, if any such there were, or to their heirs, the title to vest on the death of the said George ; and he made his brother, Asaph Phelps, and his sister, Marcia Hall, and his sister, Laura Roberts, during her life, residuary devisees…

2Cases cited5 opinions

  1. Brown v. . KnappNew York Court of Appeals · 1879
  2. Porter v. JacksonIndiana Supreme Court · 1884
  3. Glen v. FisherNew York Court of Chancery · 1822
  4. Guernsey v. KendallSupreme Court of Vermont · 1882
  5. Hatch v. HatchSupreme Court of Vermont · 1849

3Cited by11 opinions

  1. Van Gallow v. BrandtMichigan Supreme Court · 1912
  2. In Re Carter's WillSupreme Court of Vermont · 1926
  3. In re Irish's WillSupreme Court of Vermont · 1915
  4. Church's v. Church's EstateSupreme Court of Vermont · 1907
  5. In re Lawrence's WillSupreme Court of Vermont · 1919

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