Graves v. Sheldon
Supreme Court of Vermont
An alteration in the circumstances of a devisor after the execution of his will, will not in any case amount to a revocation in law. If a part of tlie estate devised be conveyed by the testator, it is a revocation of the will pro tanto only.
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An alteration in the circumstances of a devisor after the execution of his will, will not in any case amount to a revocation in law. If a part of tlie estate devised be conveyed by the testator, it is a revocation of the will pro tanto only. If a devisor convey the whole of the estate devised, it is of necessity a total revocation of the will 5 and the p’ain sense of the statute of this State respecting wills and testaments is, that there shall be no implied revocations of wills and testaments except such as result ex necessitate rei. THE statement of this case will clearly appear from the…
1Opinion of the Court
Aikens J.
This is an appeal taken by the heirs at law of Asaph Sheldon, deceased, from a decree of the Probate Court for the District of Manchester, approving his last will and testament.
An objection was taken, on the hearing, to the legality of the allowance of the appeal. : The arguments urged on this point would have been properly addressed to this Court on the occasion of the allowance; and no doubt were then urged and duly considered. Finding the cause on the docket, and the appeal to have been allowed on petition of the heirs, at the last term of the Court, I consider that point as res…
2Cited by1 opinion
- Fellows v. AllenSupreme Court of New Hampshire · 1881