Russ v. Henry's Estate
Supreme Court of Vermont
Appeal from the Probate Court. Petition for a homestead to be set out. Heard, December Term, 1885. Taet, J., presiding. Petition dismissed. It appeared that Elvira M. married Edwin F. Henry in 1858, and from that time to'the death of Edwin F., February 8, 1870, lived upon the Lull farm with her husband, keeping and maintaining a separate family establishment on said farm, neither owning nor having any other real estate or home.
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Appeal from the Probate Court. Petition for a homestead to be set out. Heard, December Term, 1885. Taet, J., presiding. Petition dismissed. It appeared that Elvira M. married Edwin F. Henry in 1858, and from that time to'the death of Edwin F., February 8, 1870, lived upon the Lull farm with her husband, keeping and maintaining a separate family establishment on said farm, neither owning nor having any other real estate or home. Edwin F. Henry had two children born to him by said Elvira M. For several years immediately prior to the death of his grandfather, Thomas Lull, he and wife had kept…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This is a petition by Elvira M. Russ, now the wife of the co-petitioner, formerly the wife.of the intestate, Edwin F. Henry, to have a homestead set out to her in certain real estate, of which at one time Edwin F. Henry was part owner. From the facts found by the County Court it appears, that Edwin F. Henry was grandson and sole heir of Thomas Lull; Lull deceased in July, 1884. At that time, and for several years previously, Thomas Lull and his wife, and Edwin F. Henry and his wife and children, were in the occupancy of the farm in which the…
2Cases cited2 opinions
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