Stowell v. Hastings
Supreme Court of Vermont
Appeal from a decree of the Probate Court, allowing the account of William Hastings, executor of Joseph Stowell’s will. Heard on a commissioner’s report, March Term, 1885, Walker, J., presiding. Judgment affirming the decree of the Probate Court, which allowed the executor’s account.
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Appeal from a decree of the Probate Court, allowing the account of William Hastings, executor of Joseph Stowell’s will. Heard on a commissioner’s report, March Term, 1885, Walker, J., presiding. Judgment affirming the decree of the Probate Court, which allowed the executor’s account. It appeared from the report that the defendant Hastings was appointed executor, administered upon the estate, and on the 2d day of October, 1872, on due notice, settled his account in the Probate Court; that at said time the court ordered him to pay to Ella J. Cheney, the testator’s granddaughter, now Mrs.…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The important question in this case is, whether Mrs. Stowell took an absolute estate in the property which passed to her under the residuary clause in her husband’s will. It reads as follows :
“ I give to my beloved wife, Hepsibah H. Stowell, the residue and remainder of all my estate, both real and personal, for her benefit and support, to use and dispose of as she may think proper. If any of the estate should be left in my wife’s possession at her death, it is my will that the same should be equally divided between eight of my brothers and…
2Cases cited6 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Campbell v. . BeaumontNew York Court of Appeals · 1883
- McCloskey v. GleasonSupreme Court of Vermont · 1883
- Ramsdell v. RamsdellSupreme Judicial Court of Maine · 1842
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Newton Trust Co. v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1947
- Mulvane v. RudeIndiana Supreme Court · 1896
- McNutt v. McCombSupreme Court of Kansas · 1899
- Bills v. BillsSupreme Court of Iowa · 1890
- Bernstein v. BrambleSupreme Court of Arkansas · 1907
23 more not listed; retrieve them via the Exa API.