Legal Opinion

Briggs v. Estate of Briggs

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 9 opinions

Appeal from tbe probate court. An auditor was appointed, who reported as follows: “The plaintiff’s account consisted of a single item for services in tbe family of the intestate during his lifetime, and down to the time of Ms decease, which event occurred suddenly and by accident, April 1st, 1870. The plaintiff presented no book, and during tbe time the services were rendered, kept no account with the intestate, either of debt or-credit.

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Appeal from tbe probate court. An auditor was appointed, who reported as follows: “The plaintiff’s account consisted of a single item for services in tbe family of the intestate during his lifetime, and down to the time of Ms decease, which event occurred suddenly and by accident, April 1st, 1870. The plaintiff presented no book, and during tbe time the services were rendered, kept no account with the intestate, either of debt or-credit. She was the maiden sister of the intestate, and had never, prior to August, 1865, made the house of the intestate her home, although she had made visits…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The only doubt we have had in regard to the correctness of the judgment of the court below, is occasioned by that clause in the auditor’s report in which he states: “ From the facts and circumstances above stated, I find that it was not the expectation of either party when the plaintiff commenced her services for the intestate, nor at any time previous to his death, that he was to pay her wages for her services, or that she was to account for the money received by or expended for her, or for any articles received by her, or procured on his…

2Cited by9 opinions

  1. Mayborne v. Citizens Trust & Savings BankCalifornia Court of Appeal · 1920
  2. Bridges v. SheldonUnited States Circuit Court · 1880
  3. Sargent v. FolandOregon Supreme Court · 1922
  4. Winder v. WinderCalifornia Supreme Court · 1941
  5. Peters v. Estate of PoroSupreme Court of Vermont · 1922

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