In re Hatch's Estate
Supreme Court of Vermont
This was an appeal from the judgment of the Probate Court ordering dower and a homestead to be set out from the estate of B. B. Hatch, and was tried by court at the September Term, 1888, Ross, J., presiding. ■ Judgment of the Probate Court affirmed. Exceptions by the appellant. B. B. Hatch deceased in 1872. The widow and her minor children continued to occupy the premises until 1877 before she took any steps to have a homestead or dower set out to her.
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This was an appeal from the judgment of the Probate Court ordering dower and a homestead to be set out from the estate of B. B. Hatch, and was tried by court at the September Term, 1888, Ross, J., presiding. ■ Judgment of the Probate Court affirmed. Exceptions by the appellant. B. B. Hatch deceased in 1872. The widow and her minor children continued to occupy the premises until 1877 before she took any steps to have a homestead or dower set out to her. The other facts appear in the opinion. It is not necessary that the will should in express terms indicate that the provision made for the…
1Opinion of the Court
The opinion of the court was delivered by
Tyler, J.
It appears by the exceptions that the testator, B. B. Hatch, owned a farm situated in Jericho which he used as a homestead down to the time of his decease. The question is whether his widow is entitled to homestead and dower therein, he having made a provision, for her in his will, which is as follows:
“ Know all men by these presents : That I, Benjamin B. Hatch, of Jericho, in the county of Chittenden, and State of Yennont, being in ill health, but of sound and disposing mind and memory, do make and publish this my last will and testament,…
2Cases cited11 opinions
- Adsit v. AdsitNew York Court of Chancery · 1817
- Lord v. LordSupreme Court of Connecticut · 1854
- Meech v. Estate of MeechSupreme Court of Vermont · 1865
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Gorham v. DanielsSupreme Court of Vermont · 1851
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3Cited by12 opinions
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Lindsley v. LindsleyCourt of Appeals of Texas · 1941
- McDermid v. BourhillOregon Supreme Court · 1921
- Wells' Estate v. Congregational ChurchSupreme Court of Vermont · 1890
- In Re O'rourke's EstateSupreme Court of Vermont · 1934
7 more not listed; retrieve them via the Exa API.