Legal Opinion

Riley v. Estate of McInlear

Supreme Court of Vermont

Decided October 15, 1888PublishedCited by 10 opinions

The plaintiff was executor of the estate of Patrick Mclnlear, and had certain personal claims against that estate. These claims be did not present to the commissioners, which were duly appointed by the Probate Court to adjust claims on the estate of the said Mclnlear, but did present them instead to the Probate Court on the final settlement of his executor’s account. The Court refused to entertain them, but allowed the remainder of his account.

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The plaintiff was executor of the estate of Patrick Mclnlear, and had certain personal claims against that estate. These claims be did not present to the commissioners, which were duly appointed by the Probate Court to adjust claims on the estate of the said Mclnlear, but did present them instead to the Probate Court on the final settlement of his executor’s account. The Court refused to entertain them, but allowed the remainder of his account. From this decision of the Probate Court the plaintiff appealed to the County Court, by which.a commissioner was appointed to examine the(acconnt of…

1Opinion of the Court

*256The opinion of the court was delivered by

Ross, J.

The plaintiff is the executor of the will of the testate,. Patrick McInlear. He held certain claims against the estate of which he is the executor. Commissioners were duly appointed,, and in all things proceeded as required by the statute in the allowance of claims against the estate. The plaintiff did not present his claims against the estate to the commissioners for allowance, but after the commission was closed, instead presented them in his administration account to the Probate Court for allowance. The Probate Court settled his proper…

2Cases cited9 opinions

  1. Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
  2. Hendrick v. CleavelandSupreme Court of Vermont · 1828
  3. Hodges v. ThacherSupreme Court of Vermont · 1851
  4. French v. WinsorSupreme Court of Vermont · 1852
  5. O'Hear v. SkeelesSupreme Court of Vermont · 1850

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3Cited by10 opinions

  1. Story's Admr. v. HallSupreme Court of Vermont · 1912
  2. Board of Regents of the University v. WilsonSupreme Court of Colorado · 1922
  3. Davis v. EastmanSupreme Court of Vermont · 1896
  4. In re Hayes's EstateSupreme Court of Vermont · 1916
  5. Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913

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