Legal Opinion

Weatherhead v. Stoddard

Supreme Court of Vermont

Decided February 15, 1886PublishedCited by 15 opinions

Appeal from a decree of the Probate Court. Heard on an agreed statement of facts and the will of Alanson E. Weatherhead, September Term, 1885, Royce, Ch. J., presiding. Judgment affirming the decree of the Probate Court.

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Appeal from a decree of the Probate Court. Heard on an agreed statement of facts and the will of Alanson E. Weatherhead, September Term, 1885, Royce, Ch. J., presiding. Judgment affirming the decree of the Probate Court. The decree of the Probate Court was: “ It is ordered and decreed by the court here that all the property and estate left in trust by the will of Alanson E. Weatherhead passes by the will of said Mary H. Weather-head as her will directs, and that the balance of $5,783.19 remaining in the hands of said executor be held in trust by the said E. W.- Stoddard during the life of…

1Opinion of the Court

The opinion of the court was delivered by

Rowell, J.

Alanson E. Weatherhead died testate in 1862, leaving only one child surviving him, Phoebe Mary Hope Weatherhead, then about two years old. His will was duly probated, and the third clause of it reads as follows:

“ I give and bequeath all my estate, real and personal, to Galusha Weatherhead, Marcus Weatherhead, and Lysander W. Howe, to be held by them in trust for my daughter and only child, Phoebe Mary Hope Weatherhead; and I hereby direct the trustees above mentioned to apply from time to time such portion, or if necessary the whole, of the…

2Cases cited3 opinions

  1. Hone's Executors v. Van SchaickNew York Supreme Court · 1838
  2. Bacon v. BaconSupreme Court of Vermont · 1882
  3. Town of Sharon v. SimonsSupreme Court of Vermont · 1857

3Cited by15 opinions

  1. Edgerly v. BarkerSupreme Court of New Hampshire · 1891
  2. Campbell v. CampbellCalifornia Supreme Court · 1906
  3. Harris v. Harris's EstateSupreme Court of Vermont · 1909
  4. In re Robinson's EstateSupreme Court of Vermont · 1916
  5. Tucker's Will v. Admr. of Tucker's EstateSupreme Court of Vermont · 1890

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