Ward v. Congregational Church
Supreme Court of Vermont
Bill for the construction of a will. Heard at the April term, 1893, Chittenden county, upon a master’s report. Tyler, chancellor, dismissed the bill with costs. The orator appeals. The opinion states the case. The contingency was too remote, and the estate given the orator was absolute. Gray, Perp., s. 214;' 1 Jar., Wills, 255 ; Village of Brattleboro v. Mead et al., 43 Vt. 556. The court of chancery has no jurisdiction.
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Bill for the construction of a will. Heard at the April term, 1893, Chittenden county, upon a master’s report. Tyler, chancellor, dismissed the bill with costs. The orator appeals. The opinion states the case. The contingency was too remote, and the estate given the orator was absolute. Gray, Perp., s. 214;' 1 Jar., Wills, 255 ; Village of Brattleboro v. Mead et al., 43 Vt. 556. The court of chancery has no jurisdiction. Van Amburg v. Gates, u Paige 505; Weed v. Weed, 94 N. Y. 243; Bailey v. Briggs et al., 56 N. Y. 407 ; Chifman v. Montgomery, 63 N. Y. 221; Wells v. Rhodes, 74 Wis. 490;…
1Opinion of the CourtRoss, C. J.
This is a bill to have the will of Oliver Wells construed. The will was duly probated, and his estate settled in the probate court. The oratrix, Lucia R. Ward, is the only child and heir at law of Oliver Wells. Her mother, who took a life estate in the property of Oliver Wells, died before the settlement of his estate. On the settlement of the estate in the probate court, all parties in interest were either present or represented by attorney. The court decreed her a life estate in all the property of the estate, “pursuant to the last will and testament of the deceased and the laws of this…
2Cases cited2 opinions
- Morse v. LymanSupreme Court of Vermont · 1891
- Village of Brattleboro v. MeadSupreme Court of Vermont · 1871
3Cited by15 opinions
- Proctor v. DicklowSupreme Court of Kansas · 1896
- McAllister v. McAllisterSupreme Court of Iowa · 1918
- In re Peck's EstateSupreme Court of Vermont · 1913
- Trask v. Walker's EstateSupreme Court of Vermont · 1926
- Sparrow v. WatsonSupreme Court of Vermont · 1914
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