Moore v. Bachelder
Supreme Court of Vermont
General Assumpsit, brought by the plaintiff as administrator of the estate of C. V. Bancroft, to recover for services rendered by the intestate to the defendant. Pleas, the general issue and plea in offset. Trial by the court, March Term, 1878, Redfield, J., presiding.
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General Assumpsit, brought by the plaintiff as administrator of the estate of C. V. Bancroft, to recover for services rendered by the intestate to the defendant. Pleas, the general issue and plea in offset. Trial by the court, March Term, 1878, Redfield, J., presiding. It appeared that the identical claim specified by the plaintiff had been presented to the commissioners on the estate of the intestate, and allowed, and that the commissioners’ report in which the allowance was made had been duly accepted and recorded by the Probate Court before this action was brought, and had not been…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
By sections 14 and 15, c. 53, Gen. Sts., it is only those who have claims against an estate who are required to present them to the commissioners for allowance or the claims become barred. By section 9, the executor or administrator is to present claims of the estate in set-off to such claims. There is no provision for presenting the claims of the estate to the commissioners for allowance except in set-off to the claims presented by creditors of the estate. When the creditor comes before the commissioner with his claim for allowance, he submits…
2Cases cited1 opinion
- Allen v. RiceSupreme Court of Vermont · 1850
3Cited by4 opinions
- Whitcomb v. Davenport's Est.Supreme Court of Vermont · 1891
- Kenney v. HowardSupreme Court of Vermont · 1895
- Sabin v. KeltonSupreme Court of Vermont · 1881
- Martin v. WhiteSupreme Court of Vermont · 1886