Grice v. Randall
Supreme Court of Vermont
Ejectment for land in Franklin. Plea, the general issue, and trial by jury, September Term, 1849, — Poland, J., presiding.
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Ejectment for land in Franklin. Plea, the general issue, and trial by jury, September Term, 1849, — Poland, J., presiding. On trial, the plaintiffs gave in evidence the will of Joseph Randall, father of the plaintiff Betsey Grice and of the defendant, duly approved by the probate court, January 29, 1823, — by which the testator devised to his wife, Judith Randall, all his real and personal estate, subject to the payment of his debts, and constituted her his sole executrix, and providing, that, if any thing remained at the decease of his wife, it should be divided equally among their youngest…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question remaining in this case is, whether the decree of the probate court, affirmed in the county court, partitioning the land in dispute between the plaintiff and defendant,- as devisees in remainder after the estate of Judith Randall was ended, will conclude the defendant from showing, that no such estate, as was partitioned, in fact existed at the time.
We think, that decree will have no effect of that kind. The power of the probate court, in regard to partition, is limited to very narrow bounds. It only extends to cases of…
2Cited by4 opinions
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- Nash v. ChurchWisconsin Supreme Court · 1860
- In Re Warner's EstateSupreme Court of Vermont · 1925
- Lenehan v. SpauldingSupreme Court of Vermont · 1884