Legal Opinion

Maughan v. Estate of Burns

Supreme Court of Vermont

Decided January 15, 1892PublishedCited by 17 opinions

This was ail appeal from an order of the Probate Court for the district of Fair Haven, accepting the report of commissioners by which the plaintiff’s claim was disallowed. Trial by jury at the September term, 1891, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff sought to recover for services and expenditures in caring for the intestate.

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This was ail appeal from an order of the Probate Court for the district of Fair Haven, accepting the report of commissioners by which the plaintiff’s claim was disallowed. Trial by jury at the September term, 1891, Thompson, J., presiding. Verdict and judgment for the plaintiff. The defendant excepts. The plaintiff sought to recover for services and expenditures in caring for the intestate. Her evidence tended to show that the intestate, Burns, was, during the latter portion of his life, a feeble and sick old man, who required unnsual care and attention; that in 1879 she'went to. live in his…

1Opinion of the Court

The opinion of the court was delivered by

ROWELL, J.

This is an appeal from the decision and report of the commissioners on the estate of Michael Burns. Plaintiff presented her claim to the commissioners at $2,789.65. The ad damvrmm in her declaration filed in the Probate Court was $3,500. In the County Court she recovered $3,813.49. Thereupon she moved for leave to amend her declaration by raising the ad damnum to $4,000, which was granted, and she had judgment for the amount of her recovery.

The identical claim presented to the commissioners was the claim tried above. The amount of plaintiff’s…

2Cases cited8 opinions

  1. Adams v. AdamsSupreme Court of Vermont · 1849
  2. Lamoille Valley R. R. v. BixbySupreme Court of Vermont · 1885
  3. Holmes v. Estate of HolmesSupreme Court of Vermont · 1854
  4. Hard v. BurtonSupreme Court of Vermont · 1890
  5. Stowe v. BishopSupreme Court of Vermont · 1886

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3Cited by17 opinions

  1. Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  2. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
  3. Brown v. AitkenSupreme Court of Vermont · 1916
  4. In re Peck's EstateSupreme Court of Vermont · 1913
  5. Houghton v. GrimesSupreme Court of Vermont · 1930

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