Sherman v. Estate of Dodge
Supreme Court of Vermont
Appeal by tte heirs of the estate of Ebenezer Dodge from a decree of the probate court, allowing the administration account of the appellee.
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Appeal by tte heirs of the estate of Ebenezer Dodge from a decree of the probate court, allowing the administration account of the appellee. The appellants claimed that the administrator should be charged with either the value, or the use of certain property owned by the intestate, July 2d, 1849, which he, on that day, conveyed to his son Alexander P. Dodge, by a deed containing the usual covenants of warranty, for the expressed consideration of one thousand dollars, under the following description, and with the following condition, viz : “ all the land and real estate I now own in the “ town…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The principal question in this case is, whether tfie plaintiff was bound to treat the estate, real and per-* *30sonal, which was conveyed to A. P. Dodge, as a part of the estate of Ebenezer Dodge. It is certain there is a very considerable similarity in the deed in this case, and the one which came under consideration in Gorham, v. Daniels, 23 Vt. 600. But the deeds are not by any means identical. It is not uncommon for instruments, quite as similar as these, to receive different interpretations by the same court. Here the conveyance is,…
2Cases cited4 opinions
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Jackson ex dem. Wood v. SwartNew York Supreme Court · 1822
- Gorham v. DanielsSupreme Court of Vermont · 1851
- Welder v. DunnCourt of Appeals of Texas · 1884
3Cited by8 opinions
- Noyes v. NoyesSupreme Court of Vermont · 1939
- Totten v. Pocahontas Coal & Coke Co.West Virginia Supreme Court · 1910
- Hall v. MeadeCourt of Appeals of Kentucky (pre-1976) · 1932
- Manns v. Brookville Nat'l BankIndiana Supreme Court · 1881
- Woodward v. LaporteSupreme Court of Vermont · 1898
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