Legal Opinion

Hoyt v. Hoyt

Supreme Court of Vermont

Decided February 6, 1905PublishedCited by 5 opinions

Appear in Chancery. Heard on bill, answer, and master’s report, at the September Term, 1903, Chittenden County, Tyler, Chancellor. Decree, pro forma, for the orator. The defendant appealed. The quitclaim deed was designed to effect a mere assignment of the lease and its effect should be soi limited.

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Appear in Chancery. Heard on bill, answer, and master’s report, at the September Term, 1903, Chittenden County, Tyler, Chancellor. Decree, pro forma, for the orator. The defendant appealed. The quitclaim deed was designed to effect a mere assignment of the lease and its effect should be soi limited. Beardsley v. Knight, 10 Vt. 185; Dietrich v. Hutchinson, 73 Vt. 141; Adams v. Stevens, 49 Me. 362; Bockmood v. White, 65 Vt. 466. The lease of the farm by the son to his father merged the trust interest in a new estate. 50 Am. Dec. 183; 91 Ky. 601; 30 Mo. 199; 86 Va. 668.

1Opinion of the CourtTyrEr, J.

The orator brought this bill to foreclose the interest of the defendant Edgar S. Hoyt in a farm in Jericho *246by reason of his neglect and refusal to support the orator and his wife, Emily E. Hoyt, and as incident to the foreclosure, to have two written instruments reformed.

The master finds that a Mrs. Borrawdale owned the farm in her life-time, and that by her will, which was duly proved and established in August, 1896, she devised the use of the farm and of the personal property thereon fi> Edgar during his life, and upon his decease to his heirs, on condition that he should support his father…

2Cases cited3 opinions

  1. Barnes v. DowSupreme Court of Vermont · 1887
  2. Burnham v. Town of StraffordSupreme Court of Vermont · 1881
  3. Taggart v. RiceSupreme Court of Vermont · 1864

3Cited by5 opinions

  1. Ward v. LymanSupreme Court of Vermont · 1937
  2. Church's v. Church's EstateSupreme Court of Vermont · 1907
  3. In re Lawrence's WillSupreme Court of Vermont · 1919
  4. Gerke v. Citizens State BankIndiana Court of Appeals · 1919
  5. New York Life Insurance v. KimballSupreme Court of Vermont · 1919

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