Blaisdell v. Stevens
Supreme Court of Vermont
Appeal from the court of chancery. The orator set forth -in his bill, among other things, that in 1810 one Daniel Ryan died, leaving a large estate, real and personal, and' appointing John Na-son, David Edmond and John Curtis, and the survivors of them, executors of his last will.
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Appeal from the court of chancery. The orator set forth -in his bill, among other things, that in 1810 one Daniel Ryan died, leaving a large estate, real and personal, and' appointing John Na-son, David Edmond and John Curtis, and the survivors of them, executors of his last will. By his will he constituted his children, William N. Ryan and Harriet B. Ryan, residuary legatees, — giving to the former two thirds and to the latter one third'of the property, — and directing his executors to take charge of his property and place it in the best possible situation for producing a yearly income for…
1Opinion of the Court
*186The opinion of the court was delivered by
Redfield, J.
Most of the questions arising in this case, are questions of fact, rather than of law. That portion of the defence resting upon title derived from Harriet Ryan, which was not obtained until after the parties were at issue in the case, and which has not been brought into the issue by any subsequent proceedings, cannot be considered in deciding the case. When a fact occurs during the pendency of a suit in chancery, which it is deemed material to have considered in deciding the case, leave must be obtained by the orator, if it be on his part,…
2Cited by14 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Porter v. Bank of RutlandSupreme Court of Vermont · 1847
- Patterson v. BoothSupreme Court of Missouri · 1890
- Jackson, Lansing & Saginaw Railroad v. DavisonMichigan Supreme Court · 1887
- Waterman v. BuckSupreme Court of Vermont · 1885
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