Legal Opinion

Robinson v. Swift

Supreme Court of Vermont

Decided February 15, 1830PublishedCited by 6 opinions

The orator, as one of the heirs ~t law to the late `Gov. Moses Robinson, preferred his bill against the administrator of the estate of the late Moses Robinson, Jun., setting forth in substance the following facts :-That on the 7th day of July A. D. 1786, Mo-~esRobinson,jun., having attained l~is full ilge of twenty-one years, and being desirous to be advanced and set up in life, applied to his father, the said Moses Robinson, sen. and requested that he would then advance to…

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The orator, as one of the heirs ~t law to the late `Gov. Moses Robinson, preferred his bill against the administrator of the estate of the late Moses Robinson, Jun., setting forth in substance the following facts :-That on the 7th day of July A. D. 1786, Mo-~esRobinson,jun., having attained l~is full ilge of twenty-one years, and being desirous to be advanced and set up in life, applied to his father, the said Moses Robinson, sen. and requested that he would then advance to him his full proportion of his estate--That the said Moses Robi~nson, sen., after consulting with his other chil-~lren,…

1Opinion of the Court

The opinion of theCourt was delivered to the following effect by

Royce, Chancellor.

There is no occasion to question the jurisdiction of this Court, or the power of a court of chancery to enforce a right of this description. Two questions only seem to require consideration. — Whether the adjudication of the probate and Supreme Court is conclusive upon the right in question — and, if such would be the effect of that adjudication in ordinary cases, whether this caséis differed by reason ofthe infancy of the orator at the time.

In reference to the first point, it is expressly alleged in the plea…

2Cited by6 opinions

  1. Simonds v. Simonds' EstateSupreme Court of Vermont · 1922
  2. In re Wells's EstateSupreme Court of Vermont · 1897
  3. Spaulding v. Estate of WarnerSupreme Court of Vermont · 1879
  4. Wrisley v. KenyonSupreme Court of Vermont · 1855
  5. In Re Bayley TrustSupreme Court of Vermont · 1969

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