Sutton v. Estate of Sutton
Supreme Court of Vermont
This was an appeal from the decision of commissioners appointed by the probate court to receive, examine, and adjust all claims against the estate of James Sutton, deceased, and those exhibited in off-set thereto. The commissioners allowed a claim against said estate in favor of the said Wm. M. and Harry, from which allowance Nathaniel Sutton, one of the heirs, appealed, the said Wm. M. being administrator of said estate.
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This was an appeal from the decision of commissioners appointed by the probate court to receive, examine, and adjust all claims against the estate of James Sutton, deceased, and those exhibited in off-set thereto. The commissioners allowed a claim against said estate in favor of the said Wm. M. and Harry, from which allowance Nathaniel Sutton, one of the heirs, appealed, the said Wm. M. being administrator of said estate. The appeal having been entered in court, commissioners were appointed to adjust the accounts of the parties, and report the facts relating thereto. The commissioners so…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only controversy in the present case is, whether the plaintiff’s have shown any claim against the estate of James Sutton, which they can enforce- at law ? The court think they have not.
It is true, that, by the terms of the contract of the first of April, 1833, the plaintiffs were to have all the personal estate of the deceased, and five hundred acres of the real estate, and the use of some other real estate, and were to pay all his debts, and if the debts exceeded the value of the property received, they were to be paid the excess.…
2Cases cited2 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
3Cited by2 opinions
- Irwin v. ScriberCalifornia Supreme Court · 1861
- Bedell v. TracySupreme Court of Vermont · 1892