Powell v. Foster's Estate
Supreme Court of Vermont
Appeal from probate. Heard upon the report of a commissioner, at the September term, 1897, Franklin county, Munson, J., presiding. The plaintiff’s exceptions to the report were sustained, those of the defendant overruled, and judgment was rendered for the plaintiff for $1,710.77. The defendant excepted.
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Appeal from probate. Heard upon the report of a commissioner, at the September term, 1897, Franklin county, Munson, J., presiding. The plaintiff’s exceptions to the report were sustained, those of the defendant overruled, and judgment was rendered for the plaintiff for $1,710.77. The defendant excepted. As to the item of $34 paid to A. K. Brown, the commissioner found that the plaintiff deemed it necessary to have personal service made, upon all the heirs, of a petition brought by him for a partial distribution of the estate of George W. Foster, and employed said Brown as a special messenger…
1Opinion of the CourtRoss, C. J.
While the controversy over the establishment of the will of Catherine Foster was pending, the plaintiff was selected for appointment as special administrator of her estate “by all the parties in interest . . . because he resided away from the place of contest, and on account of his large business experience and his ability to furnish the bond required.” For the five years during which that controversy was being carried on, the commissioner has found that he, “so far as appeared, managed the property in hishands profitably and to the satisfaction of all interested.” When the controversy over…
2Cases cited7 opinions
- People v. WheelerNew York Court of Appeals · 2004
- Bowker v. PierceMassachusetts Supreme Judicial Court · 1881
- Evarts v. Nason's EstateSupreme Court of Vermont · 1839
- Hubbard v. FisherSupreme Court of Vermont · 1853
- Foster's v. StoneSupreme Court of Vermont · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Barnard v. YoungIdaho Supreme Court · 1926
- In re the Judicial Settlement of the Account of O'NielNew York Surrogate's Court · 1899
- Morton v. ForseeSupreme Court of Missouri · 1913