Atkins's Estate v. Atkins's Estate
Supreme Court of Vermont
Appeal from Probate. Declaration, the common counts in assumpsit. Plea, the general issue. Trial by court at the March Term, 1896, Washington County, Ross, C. J., presiding. The plaintiff estate was represented by Henry M. Kimball, administrator, and the defendant estate by George Atkins, executor.
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Appeal from Probate. Declaration, the common counts in assumpsit. Plea, the general issue. Trial by court at the March Term, 1896, Washington County, Ross, C. J., presiding. The plaintiff estate was represented by Henry M. Kimball, administrator, and the defendant estate by George Atkins, executor. Said Kimball as administrator upon the estate of Julia Atkins’s father had, during her life, by her direction, conveyed to Hiram Atkins her share in that estate, the price of which property was here sought to be recovered. Henry M. Kimball was incompetent as a witness. V. S. 1237, 1238. The court…
1Opinion of the CourtMunson, J.
This is an appeal from the decision of the commissioners on the estate of Hiram Atkins, disallowing a claim presented by the estate of Julia Atkins. The decedents were husband and wife. The claim is for the amount the husband was to pay the wife for certain. *272property conveyed him by her procurement. Such a claim is recoverable in this proceeding. Spaulding v. Warner's Est., 52 Vt. 29; Purdy v. Purdy's Est., 67 Vt. 50.
Henry M. Kimball was a competent witness in support of the claim. He was not within the provision which excludes the testimony of the survivor of contracting parties. He was in…
2Cases cited2 opinions
- Purdy v. Estate of PurdySupreme Court of Vermont · 1894
- Spaulding v. Estate of WarnerSupreme Court of Vermont · 1879
3Cited by3 opinions
- Hopkins v. Sargent's EstateSupreme Court of Vermont · 1914
- Downs v. Downs' Exr.Supreme Court of Vermont · 1903
- Metcalf v. Metcalf's EstateSupreme Court of Vermont · 1915