Probate Court v. Chapin
Supreme Court of Vermont
Debt upon a bond given by the defendants for the faithful performance by the defendants Chapin and Townsley, of their duties as administrators of the estate of Thomas C. Lord, deceased. The breaches assigned in the declaration and the facts in the case sufficiently appear from the opinion of the court.
Read the full summary
Debt upon a bond given by the defendants for the faithful performance by the defendants Chapin and Townsley, of their duties as administrators of the estate of Thomas C. Lord, deceased. The breaches assigned in the declaration and the facts in the case sufficiently appear from the opinion of the court. To the allegation in the declaration that the administrators had not rendered an account of their administration to the probate court, the defendants plead, that they had rendered such an account; and to that portion of the declaration which alleged that the administrators had not paid certain…
1Opinion of the CourtPoland, J.
It appears from the exceptions that this case was not perfected in the county court. The prosecutors of this suit, in the name of the probate court, sought in this action on the defendants’ administration bond, to recover the amount of certain debts allowed in their favor by the commissioners on the estate of Lord, or such proportion as they would be entitled to out of his estate. As the account to which they were entitled was uncertain, the damages should have been assessed so as to make, a full and perfect judgment in the county court upon which the plaintiffs might have taken execution,…
2Cases cited3 opinions
- Probate Court v. VanduzerSupreme Court of Vermont · 1841
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Probate Court v. SlasonSupreme Court of Vermont · 1851
3Cited by12 opinions
- Boyden v. WardSupreme Court of Vermont · 1866
- Probate Court v. KimballSupreme Court of Vermont · 1869
- Probate Court v. KentSupreme Court of Vermont · 1877
- Carstensen v. United States Fidelity & Guaranty Co.Court of Appeals for the Ninth Circuit · 1928
- Buffum v. Haynes' EstateSupreme Court of Vermont · 1896
7 more not listed; retrieve them via the Exa API.