Lyman v. Turner's
Supreme Court of Vermont
This was an appeal from a decree of the Probate Court, and -was tried by court at the April Term, 1890, Munson, J., presiding. The deeree of the Probate Court was affirmed, and the -appellant excepted. The second paragraph of the will of J". W. Turner was as foil-lows : “ 2d.
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This was an appeal from a decree of the Probate Court, and -was tried by court at the April Term, 1890, Munson, J., presiding. The deeree of the Probate Court was affirmed, and the -appellant excepted. The second paragraph of the will of J". W. Turner was as foil-lows : “ 2d. I give, devise and bequeath all my interest and income ■on all of my property, personal and real estate, not hereinbefore -disposed of, to Charles W. Turner and Arthur Lyman, son of .'Seymour Lyman, as follows: “ I give, devise and bequeath one-half of said interest and income to said Charles "W. Turner during his…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
It is clear that Charles W. Turner’s sons take-his “interest and income,” whatever it was. By the original: will it was one-half, but by the codicil it was increased to two-thirds. Therefore his sons take two-thirds, and such was the--judgment below, which is
Affirmed, and ordered to be certified to the Probate Courts
2Cited by2 opinions
- Morse v. LymanSupreme Court of Vermont · 1891
- Lyman v. MorseSupreme Court of Vermont · 1897