Legal Opinion

Phelps v. Slade

Supreme Court of Vermont

Decided January 15, 1838PublishedCited by 4 opinions

This was an appeal by the administrators of the estate of Wiliam Slade to this court from a decision of the probate court on 'the settlement of an account of their administration, making Samuel S..Phelps, one of the administrators, debtor .to the estate in the sum of $ 188.65. The case was referred to commissioners to state the accounts, who, at the January term of this court 1835, reported, that Samuel S. Phelps and Horace Linsley were adminisr ■tors of the said estate;…

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This was an appeal by the administrators of the estate of Wiliam Slade to this court from a decision of the probate court on 'the settlement of an account of their administration, making Samuel S..Phelps, one of the administrators, debtor .to the estate in the sum of $ 188.65. The case was referred to commissioners to state the accounts, who, at the January term of this court 1835, reported, that Samuel S. Phelps and Horace Linsley were adminisr ■tors of the said estate; that the'- said Linsley had the care •and management of the real estate and property inventoried ; that the account…

1Opinion of the Court

The opinion of the Court was delivered by

Williams, C. J.

This subject has heretofore been before this court. The commissioners, at a former term, returned 'the account of the administrators into court, and adopted a rule of casting interest which to them appeared equitable. 'The report was recommitted with particular instructions on that subject. The report is returned with the interest cast, and the administrators now object to any allowance for interest.

It is difficult to lay down any general rule on the subject of interest, applicable to every case arising on an administrator’s account. The…

2Cited by4 opinions

  1. Estate of Perkins v. HollisterSupreme Court of Vermont · 1887
  2. Riley v. Estate of McInlearSupreme Court of Vermont · 1888
  3. Yaple v. StillAppellate Court of Illinois · 1927
  4. In re Estate of PerrySupreme Court of Vermont · 1991

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