Nye's Administrator v. Woodruff
Supreme Court of Vermont
Trover to recover tbe value of ten shares of the capital stock of the Granite Savings Bank & Trust Company of the City of Barre. Plea, the general issue. Trial by court, upon an agreed statement of facts, at the March Term, 1916, Washington County, Butter, J., presiding. Judgment for defendant. Plaintiff excepted. The opinion states the case. The sale by the executor to himself was fraudulent.
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Trover to recover tbe value of ten shares of the capital stock of the Granite Savings Bank & Trust Company of the City of Barre. Plea, the general issue. Trial by court, upon an agreed statement of facts, at the March Term, 1916, Washington County, Butter, J., presiding. Judgment for defendant. Plaintiff excepted. The opinion states the case. The sale by the executor to himself was fraudulent. Woerner’s American Law of Administration, vol. 2, sec. 334; Green, Admr. v. Sargeant et al., 23 Yt. 466. The defendant took no title to the stock and is liable in trover. Deering v. Austin, 34 Yt. 330;…
1Opinion of the CourtHaselton, J.
This is an action of trover in which the plaintiff seeks to recover the value of ten shares of the capital stock of the G-ranite Savings Bank & Trust Company; the plaintiff’s claim being that the defendant had illegally converted the stock to his own use. The case was heard on an agreed statement of facts and judgment was rendered for the defendant. The plaintiff excepted.
One Lydia A. Nye died in 1897, leaving a will by which her husband, Warren C. Nye, was named as executor. He was duly appointed, and he qualified as such. By the will Mrs. Nye made various bequests, and gave her husband the…
2Cases cited3 opinions
- Sowles' Admr. v. SartwellSupreme Court of Vermont · 1903
- Thomas v. GravesSupreme Court of Vermont · 1915
- Sowles v. LewisSupreme Court of Vermont · 1902