Tucker's Will v. Admr. of Tucker's Estate
Supreme Court of Vermont
This was an appeal from a cleuree of the Probate Court for the Randolph District decreeing the remainder in Lyman PL Tucker’s estate to the administrator of Ezra Tucker. Heard upon an agreed statement of facts at the December term, Orange county, 1889, Rowell, J., presiding. The court reversed the decree of the Probate Court, pro forma. The administrator of Ezra Tucker, appellee, excepts. The facts appear in the opinion.
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This was an appeal from a cleuree of the Probate Court for the Randolph District decreeing the remainder in Lyman PL Tucker’s estate to the administrator of Ezra Tucker. Heard upon an agreed statement of facts at the December term, Orange county, 1889, Rowell, J., presiding. The court reversed the decree of the Probate Court, pro forma. The administrator of Ezra Tucker, appellee, excepts. The facts appear in the opinion. A remainder will not be considered contingent when it may be construed as vested consistently with the testator’s intention. 2 Redi. Wills, 248; Di/ngley v. Dingley, 5 Afass.…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
After certain bequests, the testator gave to his sister, Diana, the use and occupancy of the residue of his estate, during her natural life, and at her decease, directed that it should then be distributed among his lawful heirs. At his death, his father, Ezra Tucker, was living and was his lawful heir. Ezra died before the decease of Diana, and the administrator of his estate claims the residue, as against the appellants, who were the lawful heirs, failing Ezra, at the time of Diana’s death. The words of the will ‘£ amongst my lawful heirs ”…
2Cases cited1 opinion
- Weatherhead v. StoddardSupreme Court of Vermont · 1886
3Cited by16 opinions
- Hill v. HillNebraska Supreme Court · 1911
- Jones v. KnappenSupreme Court of Vermont · 1891
- In re Robinson's EstateSupreme Court of Vermont · 1916
- In Re Carter's WillSupreme Court of Vermont · 1926
- In re Irish's WillSupreme Court of Vermont · 1915
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