Montpelier Seminary v. Smith's Estate
Supreme Court of Vermont
AVpK,y. from aj&ecree of the probate court for the district *oi Chittenden, ‘accepting the. report of commissioners, -dis alio win g .-tfee claim of the appellant.,,,..® leas, the general issue&hd s^áfCute ofj'.limitátiorfs. Heal'd Upon the report of a referee at the September Term, 1896, Cliittenden County, Tyler,]., presiding.
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AVpK,y. from aj&ecree of the probate court for the district *oi Chittenden, ‘accepting the. report of commissioners, -dis alio win g .-tfee claim of the appellant.,,,..® leas, the general issue&hd s^áfCute ofj'.limitátiorfs. Heal'd Upon the report of a referee at the September Term, 1896, Cliittenden County, Tyler,]., presiding. The note was given December 24, 1884. Mrs. Smith died between December 24, 1893, and December 24, 1894. Besides the cases cited in the opinion see, I Parsons, contr. 234; Northrop v. Hale, 73 Me. 66; II Parsons, Notes and Bills, 55; Copp v. Sawyer, 6 N. H. 386; Flint…
1Opinion of the CourtTaft, J.
The claim which is sought to be recovered in *384this cause, is evidenced by a promissory note for one thousand dollars, given by the testatrix to the claimant, payable one day after date, with interest annually,
At the time of its execution and delivery, the claimant gave the testatrix an agreement, reciting that, in consideration of having received from her that sum, it agreed to pay her annually during life, sixty dollars, the same being six per cent, interest upon the amount named in the note.
At the time of the delivery of the note to the claimant, it was agreed by parol between the parties,…
2Cases cited11 opinions
- Cobb v. CowderySupreme Court of Vermont · 1867
- Trustees of Troy Conference Academy v. NelsonSupreme Court of Vermont · 1852
- Holley v. AdamsSupreme Court of Vermont · 1844
- State Treasurer v. CrossSupreme Court of Vermont · 1837
- Carpenter ex rel. Carlton v. DodgeSupreme Court of Vermont · 1848
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3Cited by5 opinions
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- Central Maine General Hospital v. CarterSupreme Judicial Court of Maine · 1926
- Farwell v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Norton v. BooreAppellate Division of the Supreme Court of the State of New York · 1929
- Wesleyan University v. HubbardWest Virginia Supreme Court · 1942