Horton v. Baptist Church & Society
Supreme Court of Vermont
This was a bill of interpleader, answer and traverse. The parties defendants at this stage of the suit agreed upon a settlement, and submitted to the court the following statement of facts upon which to base a decree. This bill was brought by Nahum Horton as the executor of the last will and testament of Abraham Sawyer, late of said Chester, deceased, against the heirs of said Abraham, and also against the First Baptist Church and Society, in said Chester.
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This was a bill of interpleader, answer and traverse. The parties defendants at this stage of the suit agreed upon a settlement, and submitted to the court the following statement of facts upon which to base a decree. This bill was brought by Nahum Horton as the executor of the last will and testament of Abraham Sawyer, late of said Chester, deceased, against the heirs of said Abraham, and also against the First Baptist Church and Society, in said Chester. The heirs of Sawyer have made answer, which is traversed, which said answer is referred to and made part, of the case. Said church and…
1Opinion of the CourtBarrett, J.
The bill in this case was obviously designed to be, and bears the leading characteristics, in its frame and *312prayer, of, a bill of interpleader, to procure of the court a determination whether the propetry specifically devised to the Baptist church and society, belonged to said church and society, under the will, or to the heirs-at-law of the testator Sawyer, so that the orator, as executor of the will of said Sawyer, might, as between said parties, acquit himself of further liability, by making a disposition of it according as the right should he determined in favor of the one party or the…
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