Wheeler v. Town of St. Johnsbury
Supreme Court of Vermont
Appeal in Chancery. Heard on defendants’ demurrer to the bill, incorporated in their joint answers thereto, at the December Term, 1912, Caledonia County, Waterman, Chancellor. Demurrer sustained, and bill adjudged insufficient and dismissed with costs to the defendants. The orators appealed. The opinion states the case.
1Opinion of the CourtRowell, C. J.
This is a suit in chancery. The case is this, as made by the bill. Dennison Wheeler, father of the orators, died in 1872, leaving a will, which was duly probated, whereby he made his wife, Martha Wheeler, mother of the orators, tenant for life of the premises mentioned in the bill, and at her decease, “to go and descend to their living children in equal shares.” She used and possessed the premises till her death in January, 1900, the orators then being the only living children of the testator, and the only children he ever had, as far as the bill shows.
In 1899, the selectmen of the town of…
2Cases cited16 opinions
- Moore v. LyonsNew York Supreme Court · 1840
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- Baldwin v. CalkinsNew York Supreme Court · 1833
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