Re Estate of Perkins
Supreme Court of Vermont
Appeal from a decree of the probate court for the district of New Haven, accepting the report of commissioners for the allowance of claims against the estate of Helen L. Perkins, by which the claim of the plaintiff was disallowed. Heard upon the report of a referee at the June term, 1892, Taft, J., presiding. Judgment for claimant. The estate excepts. The opinion states the case.
Read the full summary
Appeal from a decree of the probate court for the district of New Haven, accepting the report of commissioners for the allowance of claims against the estate of Helen L. Perkins, by which the claim of the plaintiff was disallowed. Heard upon the report of a referee at the June term, 1892, Taft, J., presiding. Judgment for claimant. The estate excepts. The opinion states the case. The original contract was void as that of a femme covert, and cannot be made the consideration for a new promise. Hayward v. Barker, 52 Vt. 429. This was a parol contract to part with an interest in real estate and…
1Opinion of the Court
The opinion of the court was delivered by
TYLER, J.
The referee has reported that in April, 1880, the plaintiff purchased a house lot with a dwelling house thereon, situated in Burlington, for $1,300, for which he gave his promissory note and secured its payment by a mortgage on the property. He intended it as a homestead for the intestate and her husband, Wilbur M. Perkins, who at once moved into the house and resided there until about the time of the death of Wilbur in the fall of 1888. It was understood by the three persons that the plaintiff would soon convey the property to the intestate,…
2Cases cited7 opinions
- Mills v. CatlinSupreme Court of Vermont · 1849
- Powers v. DennisonSupreme Court of Vermont · 1858
- Brandon Manufacturing Co. v. MorseSupreme Court of Vermont · 1875
- Brown v. Estate of SumnerSupreme Court of Vermont · 1859
- Hagar v. BrainerdSupreme Court of Vermont · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Federal Land Bank v. PollenderSupreme Court of Vermont · 1979
- Home Owners' Loan Corp. v. GotwalsSouth Dakota Supreme Court · 1941
- Merritt-Chapman & Scott Corp. v. MauroSupreme Court of Connecticut · 1976