Domestic & Foreign Missionary Society, Protestant Episcopal Church v. Eells
Supreme Court of Vermont
Bill in equity. Heard upon the demurrer of the defendants at the June term, 1895, Addison county. Ross, Chancellor, sustained the demurrer pro forma. The orators appeal. Chancery has jurisdiction to establish destroyed or suppressed wills, i Story Eq., s. 254; Thornton Lost Wills, 42-43; 3 Red., Wills, 16; 1 Perry Trusts, s. 183; Marquis of Winchester's case, Coke, part 6, p. 22, K. B. ; Netter v. Brett, Cro.
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Bill in equity. Heard upon the demurrer of the defendants at the June term, 1895, Addison county. Ross, Chancellor, sustained the demurrer pro forma. The orators appeal. Chancery has jurisdiction to establish destroyed or suppressed wills, i Story Eq., s. 254; Thornton Lost Wills, 42-43; 3 Red., Wills, 16; 1 Perry Trusts, s. 183; Marquis of Winchester's case, Coke, part 6, p. 22, K. B. ; Netter v. Brett, Cro. Car. 395 ; Buchanan v. Matlock, 8 Humph. 390; Huber gham v. Vincent, 2 Veasey 204, 209; Mar-riot v. Marrioi, Gilb. Eq. Cas. 203; Etheringham v. Etheringham, Aleyn 2 ; Hamden v. Hamden, 3…
1Opinion of the CourtThompson, J.
The orators claim to maintain this bill in chancery as legatees and devisees under an alleged last will and testament of Lydia E. Conroe, deceased, which it is charged was fraudulently destroyed in her life time by the defendant, Isaac L. Eells.
*499After the decease of Conroe, the orators, the wardens and vestrymen of the First Episcopal Society of Addison county, presented the alleged will for probate to the probate court for the district of Addison, in which district she resided at the time of her death, and probate thereof was refused. From this decision an appeal was taken by the proponents…
2Cases cited26 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Foster's Exrs. v. DickersonSupreme Court of Vermont · 1891
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Adams v. AdamsSupreme Court of Vermont · 1849
- Dower v. SeedsWest Virginia Supreme Court · 1886
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3Cited by10 opinions
- Crawfordsville Trust Co. v. RamseyIndiana Supreme Court · 1912
- Coulter v. PetersenSupreme Court of Iowa · 1934
- Beatty v. CleggIllinois Supreme Court · 1905
- Everett v. WingSupreme Court of Vermont · 1931
- Clark v. Peck's Exrs.Supreme Court of Vermont · 1906
5 more not listed; retrieve them via the Exa API.