Spencer v. Potter's Estate
Supreme Court of Vermont
Appeal from the decision of the commissioners on Jarvis T. Potter’s estate disallowing a claim presented against that estate by the plaintiff. Declaration, special assumpsit on a written instrument purporting to have been signed by the decedent. Plea, the general issue with notice of the denial of the signature. Trial by jury at the September Term, 1910, Rutland County, Butler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Appeal from the decision of the commissioners on Jarvis T. Potter’s estate disallowing a claim presented against that estate by the plaintiff. Declaration, special assumpsit on a written instrument purporting to have been signed by the decedent. Plea, the general issue with notice of the denial of the signature. Trial by jury at the September Term, 1910, Rutland County, Butler, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. The plaintiff’s claim is based on a written instrument dated February 17, 1905, purporting to be signed by the testator, and of the tenor…
1Opinion of the CourtRowell, C. J.
The defendant claims that the court erred in overruling its motion for a verdict, because the instrument declared upon is not a note, contract, nor an agreement to pay, but is either an attempted testamentary disposition or 'an attempted gift inter vivos or causa mortis; that considered as a testamentary disposition, it is void for want of proper execution; considered as an attempted gift inter vivos it is void because it is not to vest till after the death of the donor; and considered as a gift causa mortis, it is ineffective because not given in contemplation of death, the donor not then…
2Cases cited9 opinions
- Townshend v. TownshendSupreme Court of Vermont · 1911
- Boothe v. FitzpatrickSupreme Court of Vermont · 1864
- State v. DyerSupreme Court of Vermont · 1894
- State v. NultySupreme Court of Vermont · 1885
- Bickford v. Travelers Ins.Supreme Court of Vermont · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Young v. RuddCourt of Appeals of Texas · 1950
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- University of Vermont v. Wilbur's EstateSupreme Court of Vermont · 1933
- Usher v. SeveranceSupreme Court of Vermont · 1913
- Server v. LangSupreme Court of Vermont · 1918
8 more not listed; retrieve them via the Exa API.