Moore v. Estate of Moore
Supreme Court of Vermont
Appeal from the decree of the probate court ordering distribution of the estate of Richard Moore, deceased. Richard Moore, being the owner of certain estate situate in this state, died intestate, leaving no issue nor widow nor father nor mother nor lineal heir. The appellants were his only surviving brothers. Sally Dunbar, wife of John B. Dunbar, of Swanton, was his only sister. She died before the intestate, April 12th, 1859, without issue born of her body.
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Appeal from the decree of the probate court ordering distribution of the estate of Richard Moore, deceased. Richard Moore, being the owner of certain estate situate in this state, died intestate, leaving no issue nor widow nor father nor mother nor lineal heir. The appellants were his only surviving brothers. Sally Dunbar, wife of John B. Dunbar, of Swanton, was his only sister. She died before the intestate, April 12th, 1859, without issue born of her body. In 1849, the legislature passed the following enactment: “ Sec. 3. Amanda M. Pennock, of Swanton, in the county of Franklin, shall…
1Opinion of the Court
Poland, Ch. J.
By the act of the legislature passed in 1849, and the action taken under it, Mrs. Wright became heix-at-law to Mr. and Mrs. Dunbar, and entitled to inheritance in any estate of which they should die seized, however that estate might have come to them. If Richard Moore had deceased before Mrs. Dunbar, and she had received a portion of his estate as one of his heirs, then on her decease, Mrs. Wright would have inherited it from her, by force of the heirship created by said act. But Mrs. Dunbar having died before Richard Moore, no interest ever vested in her in any part of his…
2Cases cited2 opinions
- Stevenson's Heirs v. SullivantSupreme Court of the United States · 1820
- Lessee of Little v. LakeOhio Supreme Court · 1838
3Cited by17 opinions
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Bradley v. TweedyWisconsin Supreme Court · 1925
- In re Walworth's EstateSupreme Court of Vermont · 1912
- Harle v. HarleTexas Supreme Court · 1918
- DickinsonSupreme Court of Connecticut · 1875
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