Atherton v. Fullam
Supreme Court of Vermont
Debt on a decree of the Probate Court. Heard on demurrer to the declaration, December Term, 1882, Taft, J., presiding. Demurrer overruled. • The declaration alleged that the plaintiff was administrator de bonis non of the estate of Ira Matthewson ; that on the 18th day of May, 1869, one Sylvanus 0. Matthewson had been appointed administrator of said estate ; that he continued to act as such until about the 27th day of October, 1877, when he was removed, and the plaintiff…
Read the full summary
Debt on a decree of the Probate Court. Heard on demurrer to the declaration, December Term, 1882, Taft, J., presiding. Demurrer overruled. • The declaration alleged that the plaintiff was administrator de bonis non of the estate of Ira Matthewson ; that on the 18th day of May, 1869, one Sylvanus 0. Matthewson had been appointed administrator of said estate ; that he continued to act as such until about the 27th day of October, 1877, when he was removed, and the plaintiff appointed in his place; that the defendant’s testator, Sewell Fullam, was surety on the bond given by said Sylvanus O. to…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
Was the claim in suit presented to the defendant, executor as aforesaid, “ within one year after it accrued ” ? R. L. s. 2208. That is the question.
In support of the demurrer it is contended that the judgment of the County Court might have been carried into effect by an execution issuing out of that court, and that, therefore, the claim became absolute upon the rendition of that judgment, and that the certificate to the Probate Court was nugatory. On the contrary it is contended that the claim did not become absolute till December 5, 1881,…
2Cases cited1 opinion
- Green v. ClarkSupreme Court of Vermont · 1852
3Cited by4 opinions
- Kreichman v. Webster, Admr.Supreme Court of Vermont · 1938
- Peck's Administrator v. Peck's AdministratorSupreme Court of Vermont · 1917
- Davis v. EastmanSupreme Court of Vermont · 1896
- Buffum v. Haynes' EstateSupreme Court of Vermont · 1896