Mason's Guardian v. Mason
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings, master’s report and defendant’s exceptions thereto, at the December Term, 1911, Orange County, Butler, Chancellor. Exceptions overruled, but decree dismissing the bill with costs to defendant. The orator appealed. The defendant and orator’s ward are husband and wife.
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Appeal in Chancery. Heard on the pleadings, master’s report and defendant’s exceptions thereto, at the December Term, 1911, Orange County, Butler, Chancellor. Exceptions overruled, but decree dismissing the bill with costs to defendant. The orator appealed. The defendant and orator’s ward are husband and wife. The bill alleges the appointment of orator as guardian because the ward was incapable of taking care of himself and property; that before the appointment the ward turned over designated property to defendant under the agreement that she should hold it in trust for their joint benefit;…
1Opinion of the CourtMunson, J.
The defendant questions the validity of the orator’s appointment as guardian. It is said that the probate court making the appointment was without jurisdiction, for the reasons, among others, that the ward was residing in another district, and that he did not receive legal notice.
The record of the probate court is not shown. Certain facts regarding it appear from the master’s report. The petition for the appointment of a guardian was not dated. The citation thereon was issued August 4, 1910, and was made returnable August 16, 1910. Service thereof was made' on Herbert B. Mason, but the…
2Cases cited9 opinions
- In re AllenSupreme Court of Vermont · 1909
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- Corliss v. CorlissSupreme Court of Vermont · 1836
- Abbott v. CoburnSupreme Court of Vermont · 1856
- Hendrick v. CleavelandSupreme Court of Vermont · 1828
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3Cited by5 opinions
- Bioni Et Ux. v. Haselton, GuardianSupreme Court of Vermont · 1926
- In Re Walker Estate. TreadwaySupreme Court of Vermont · 1941
- Berry, Admr. v. Rutland Railroad Co.Supreme Court of Vermont · 1931
- Domenchini's Administrator v. Hoosac Tunnel & Wilmington RailroadSupreme Court of Vermont · 1916
- In re WittenNew York Supreme Court · 1974