McKeough's Est. v. McKeough
Supreme Court of Vermont
Reargument. The foregoing decision was announced at. the May Term, 1895; whereupon the appellant filed a motion for a rehearing, stating as grounds thereof that the judgment of the court below was based upon the finding of that court that the testator in fact intended the devise to include the entire property, and that such finding and judgment are conclusive, whereas the court in its opinion has wholly overlooked this question.
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Reargument. The foregoing decision was announced at. the May Term, 1895; whereupon the appellant filed a motion for a rehearing, stating as grounds thereof that the judgment of the court below was based upon the finding of that court that the testator in fact intended the devise to include the entire property, and that such finding and judgment are conclusive, whereas the court in its opinion has wholly overlooked this question. Upon said motion the certificate was stayed and the cause continued for reargument, which was heard at the January Term, 1896. If no error is found in the admission…
1Opinion of the CourtMunson, J.
This case has been heretofore disposed of upon the theory that the decision of the county court involved a matter revisable in this court, and it is now before us upon a rehearing of that question. The case was tried below by the court, and the appellant contends that the decision of that court was no more than a finding of fact as to the testator’s intent, and was therefore final.
The county court received certain evidence from which it found the facts recited in the former opinion. Extrinsic evidence is ordinarily received to aid the court in arriving at the testator’s intention by a…
2Cited by6 opinions
- In Re Estate of DonnellanCalifornia Supreme Court · 1912
- Northern Trust Co. v. PerrySupreme Court of Vermont · 1933
- Atkins' v. AtkinsSupreme Court of Vermont · 1914
- Grout Bros. v. MoultonSupreme Court of Vermont · 1906
- In re Welch's WillSupreme Court of Vermont · 1905
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