In re Diggins' Estate
Supreme Court of Vermont
Appeal from an order of the probate court accepting the report of commissioners for the allowance of claims. Heard at the May term, 1895, Windsor county, upon the report of a referee and exceptions by the administrator thereto, Taft, J., presiding. Exceptions overruled and judgment for the claimant. The administrator excepts. The book was improperly admitted.
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Appeal from an order of the probate court accepting the report of commissioners for the allowance of claims. Heard at the May term, 1895, Windsor county, upon the report of a referee and exceptions by the administrator thereto, Taft, J., presiding. Exceptions overruled and judgment for the claimant. The administrator excepts. The book was improperly admitted. Bates v. Sabin, 64 Vt. 511; Barnes v. Dow, 59 Vt. 530, 537; Godding v. Orcutt, 44 Vt. 54; Lafiham v. Kelly, 35 Vt. 195 ; Williams v. Wager, 64 Vt. 336; Davis & Whittaker v. Field, 56 Vt. 426 ; Barber v. Bennett, 62 Vt. 58. The testimony…
1Opinion of the CourtRoss, C. J.
The appellee contends that the county court erred in overruling two of his exceptions to the report of the referee.
I. He contends that the referee erroneously received in. evidence exhibit 13, and from it was enabled to find that items 4, 5 and 6 of the claimant’s specifications, and item 3 of the estate’s specifications had been settled in the settlement made of the cash items of exhibit 13. The referee has found that exhibit 13 is an account book in which are set down, in the handwriting of the claimant, and another, entries of cash received by the intestate growing out of the sale of a…
2Cases cited4 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Wilson v. VanLeerSupreme Court of Pennsylvania · 1889
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
- Guyette v. Town of BoltonSupreme Court of Vermont · 1873
3Cited by7 opinions
- United States v. Ninety-Nine DiamondsCourt of Appeals for the Eighth Circuit · 1905
- Murphy ex rel. Schnoor v. MurphySupreme Court of Iowa · 1910
- Post v. KenersonSupreme Court of Vermont · 1900
- Andrews v. AldrichSupreme Court of Vermont · 1932
- Smythe v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
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