Legal Opinion

Mead v. Byington

Supreme Court of Vermont

Decided January 15, 1838PublishedCited by 5 opinions

This was an appeal from a decision of the Probate Court, for the district of Chittenden, accepting the report of the doings of Stephen Byingtdn and Daniel Marsh, administrators of the estate of Jared Byington, deceased, under a warrant to them directed, by said Probate Court, for the sale of the real estate of said deceased, and also, from a decision of said Probate Court, allowing the said Stephen’s and Daniel’s administration account, which appeal was taken by Mason Mead…

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This was an appeal from a decision of the Probate Court, for the district of Chittenden, accepting the report of the doings of Stephen Byingtdn and Daniel Marsh, administrators of the estate of Jared Byington, deceased, under a warrant to them directed, by said Probate Court, for the sale of the real estate of said deceased, and also, from a decision of said Probate Court, allowing the said Stephen’s and Daniel’s administration account, which appeal was taken by Mason Mead and Clarissa, his wife, 'who were interested in the estate of the deceased. At the January Terni of -this court, 1837,…

1Opinion of the Court

The opinion of the court was delivered by

Royce, J.

This case is presented on exceptions to the report of commissioners, appointed to take and state an adminstrator’s account.

The exceptions are — first,

To the allowance of $77.37 for support of the widow and family, before the dower was set out.

It may have been customary to make allowances of this description, but the statute, in terms,extends only to the support of children under a certain age. And the court of probate is authorised to assign a portion of the personal estate to the widow for her support. No duty of this kind is imposed on the…

2Cited by5 opinions

  1. Pulliam v. PulliamUnited States Circuit Court · 1881
  2. Dudley v. SanbornMassachusetts Supreme Judicial Court · 1893
  3. Mills v. MillsU.S. Circuit Court for the District of Oregon · 1893
  4. Clark v. ClarkSupreme Court of Vermont · 1849
  5. Chapman v. ComingsSupreme Court of Vermont · 1870

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