Legal Opinion

Probate Court v. Child

Supreme Court of Vermont

Decided August 15, 1878Published

Debt on a probate bond in the sum of $800, executed to the Probate Court for the District of Orleans by defendant Child as principal, and defendant Sumner as surety, on July 12,1844, and conditioned for the faithful performance by Child of his duties as guardian of the prosecutor, Charles B. Child. Defendants pleaded jointly non est factum, and non aecrevit within four, six, and eight years.

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Debt on a probate bond in the sum of $800, executed to the Probate Court for the District of Orleans by defendant Child as principal, and defendant Sumner as surety, on July 12,1844, and conditioned for the faithful performance by Child of his duties as guardian of the prosecutor, Charles B. Child. Defendants pleaded jointly non est factum, and non aecrevit within four, six, and eight years. Defendant Sumner also pleaded the Statute of Limitations severally, in the same form, and alleged his surety-ship. Trial by the court, December Term, 1875, Powers, J., presiding. In 1845 the ward attained…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

July 12, 1844, the defendants, Child as principal and Sumner, as surety, executed a bond to the Probate Court for the district of Orleans in the sum of three hundred dollars, with the usual conditions, to secure the faithful performance of the duties of said defendant Child as guardian of the prosecutor Charles B. Child. The ward attained the age of majority in 1845. In answer to a citation issued for that purpose, May 28, 1860, the guardian, Levi B. Child, settled with the Probate Court his guardian account, and there was found in his hands…

2Cases cited5 opinions

  1. Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
  2. Lowry v. StevensSupreme Court of Vermont · 1834
  3. Probate Court for the District of Randolph v. BrainardSupreme Court of Vermont · 1876
  4. Probate Court for the District of Georgia v. ChandlerSupreme Court of Vermont · 1835
  5. Atherton v. FlaggSupreme Court of Vermont · 1825

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