Clark v. Powell
Supreme Court of Vermont
Assumpsit for certain taxes by the plaintiff as collector of the town of Montpelier. Plea, the general issue. Trial by court -at the March Term, 1890, Powers, J., presiding, upon an agreed statement of facts. Judgment for the defendant. The plaintiff excepts. The case appears in the opinion.
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Assumpsit for certain taxes by the plaintiff as collector of the town of Montpelier. Plea, the general issue. Trial by court -at the March Term, 1890, Powers, J., presiding, upon an agreed statement of facts. Judgment for the defendant. The plaintiff excepts. The case appears in the opinion. This fund had never been distributed ; it was therefore undistributed personal estate in the hands of an administrator, and ■should be set in the list according to clause VII, R. L. s. 281. This fund by the terms of the will could not be distributed. It was “held in trust ” for the benefit of the…
1Opinion of the Court
*443The opinion of the court was delivered by
Rowell, J.
The will of Hezekiah H. Reed directs that a fund of $50,000 be set apart by his execiitors out of his estate, and rest and remain during the lives of his widow and his three •daughters and any of them, and be under the management and improvement of his “ executors or their successors,” and placed and kept at interest in securities “ taken in their official names as executors; ” that the income thereof, after paying an annuity to his widow and the costs and charges of his executors or their successors, be paid annually or semi-annually, at the…
2Cases cited7 opinions
- Catlin v. HullSupreme Court of Vermont · 1849
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Farwell v. JacobsMassachusetts Supreme Judicial Court · 1808
- Butterfield v. CaverlyMassachusetts Supreme Judicial Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ryder v. LyonSupreme Court of Connecticut · 1912
- State v. HowardSupreme Court of Vermont · 1936
- In re Hodges' EstateSupreme Court of Vermont · 1891
- City of Augusta v. KimballSupreme Judicial Court of Maine · 1898
- Boyce v. SumnerSupreme Court of Vermont · 1924
6 more not listed; retrieve them via the Exa API.