Legal Opinion

Congdon v. Cahoon

Supreme Court of Vermont

Decided August 15, 1875PublishedCited by 4 opinions

General Assumpsit. Plea, the general issue, and trial by jury, June" Term, 1875, Ross, J., presiding. Plaintiffs introduced a copy of -a deed from Henry S. Bartlett to defendants, dated January 13, 1862, conveying a certain house and lot in Providence, R. I., with certain household goods, in trust,first, “to collect and receive all the rents and profits of the said estate, and expend them upon the maintenance and education” of the grantor’s four children, to wit, Mary E.,…

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General Assumpsit. Plea, the general issue, and trial by jury, June" Term, 1875, Ross, J., presiding. Plaintiffs introduced a copy of -a deed from Henry S. Bartlett to defendants, dated January 13, 1862, conveying a certain house and lot in Providence, R. I., with certain household goods, in trust,first, “to collect and receive all the rents and profits of the said estate, and expend them upon the maintenance and education” of the grantor’s four children, to wit, Mary E., Henry S., Jr., Caroline P., and George Bartlett, until the termination of the trust as therein provided ; and second, “ to…

1Opinion of the Court

The opinion of the court was delivered by

Redeield, J.

This action is assumpsit to recover one fourth of the moneys arising from certain real estate conveyed by Henry S. Bartlett to the defendants in trust for the benefit of his four children, of whom the female plaintiff is one. The deed of Jansary 13, 1862, from Henry S. Bartlett to the defendants, creates ah express trust, and imposes specific duties upon the defendants as to the property conveyed. The defendants’ relation to the fund, or trust property, and the amount, and to whom they should account, cannot be determined in this action.…

2Cited by4 opinions

  1. Foss v. SowlesSupreme Court of Vermont · 1890
  2. Parker v. ParkerSupreme Court of Vermont · 1897
  3. Semmig v. MerrihewSupreme Court of Vermont · 1894
  4. Melen v. First Vermont Bank & Trust Co.Supreme Court of Vermont · 1984

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