Husted v. Stone
Supreme Court of Vermont
General Assumpsit. Heard on an agreed statement, in lieu of a disclosure, at the June Term, 1896, Addison County, Rowell, J., presiding.
Read the full summary
General Assumpsit. Heard on an agreed statement, in lieu of a disclosure, at the June Term, 1896, Addison County, Rowell, J., presiding. Judgment against the principal debtor in the justice court affirmed without costs and the trustee adjudged chargeable for the amount thereof. l'be agreed statement contained the following clause: “If said four-hundred-dollar note is not allowed in offset, * * it is agreed that he has in his hands sufficient funds from the income of said estate to pay the plaintiff's judgment in excess of all sums due the trustee from said Ellen G. Stone * * provided said…
1Opinion of the CourtTyler, J.
The plaintiff seeks to have said Dean adjudged chargeable in his individual capacity, on account of money received for the defendant by Dean in the performance of his •duties as executor of the will of Electa Hazard, deceased.
The will was executed'Sept. 10, 1874. The first and second bequests are not involved in this case. The third is as follows:
“I give and bequeath to my daughter, Ellen G. Stone, of Ferrisburgh, Addison County, Vt., the sum of three thousand dollars to be paid by my said executors within six months after my decease. I also give, devise and bequeath to my said daughter,…
2Cases cited14 opinions
- Weston v. BarkerNew York Supreme Court · 1815
- Boyden v. WardSupreme Court of Vermont · 1866
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Kettle v. HarveySupreme Court of Vermont · 1849
- In re Hodges' EstateSupreme Court of Vermont · 1891
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Woodbine Savings Bank v. YagerSouth Dakota Supreme Court · 1932
- Smith v. White EstateSupreme Court of Vermont · 1937
- Abbott v. AbbottSupreme Court of Vermont · 1942
- Island Pond National Bank v. ChaseSupreme Court of Vermont · 1928
- Baldwin v. PercivalSupreme Court of Vermont · 1914
2 more not listed; retrieve them via the Exa API.