Probate Court v. Kent
Supreme Court of Vermont
Debt on an administration bond. The declaration set out the bond, and alleged that the commissioners upon the intestate’s estate examined certain claims and demands against said estate presented by the prosecutor, one of which was for $240, and another for $75; that they allowed the claim for $240, with $12 96 interest thereon, and also the claim for $75, but with a set-off of $40, leaving due to the prosecutor thereon the sum of $35, with $1.46 interest; that said…
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Debt on an administration bond. The declaration set out the bond, and alleged that the commissioners upon the intestate’s estate examined certain claims and demands against said estate presented by the prosecutor, one of which was for $240, and another for $75; that they allowed the claim for $240, with $12 96 interest thereon, and also the claim for $75, but with a set-off of $40, leaving due to the prosecutor thereon the sum of $35, with $1.46 interest; that said commissioners made report of their doings to the Probate Court, and that their report was accepted, whereby said claims became…
1Opinion of the Court
*386The opinion of the court was delivered by-
Ross, J.
By the pleadings and facts found by the County Court, two questions are raised. 1. Whether a creditor who has had disallowed by the commissioners a portion of one of several claims or items of a claim against an estate, can, on the return of the report of the comimissoners to the Probate Court, by an appeal, carry to the County Court the item, the whole or a portion of which has been disallowed, and leave the allowance of the other items remaining in the Probate Court a valid judgment or judgments against the estate ? or does the appeal vacate…
2Cases cited6 opinions
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Morse v. LowSupreme Court of Vermont · 1872
- Probate Court v. ChapinSupreme Court of Vermont · 1858
- Probate Court v. KimballSupreme Court of Vermont · 1869
- Allen v. RiceSupreme Court of Vermont · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hurlburt Bros. v. HindeSupreme Court of Vermont · 1913
- Scott, Admr. v. Bradford National BankSupreme Court of Vermont · 1935
- Davis v. Flint's EstateSupreme Court of Vermont · 1894
- Probate Court v. Indemnity Insurance Co. of North AmericaSupreme Court of Vermont · 1934
- Sabin v. KeltonSupreme Court of Vermont · 1881
1 more not listed; retrieve them via the Exa API.