Leach v. Leach's
Supreme Court of Vermont
Appeal from an order of the Probate Court for the district of Fair Haven, made on petition of Rosina S. Leach, ordering the defendant, executor of the last will of Ebenezer Leach, to add certain property to the inventory of the testator’s estate.
Read the full summary
Appeal from an order of the Probate Court for the district of Fair Haven, made on petition of Rosina S. Leach, ordering the defendant, executor of the last will of Ebenezer Leach, to add certain property to the inventory of the testator’s estate. The petition, which was presented September 25, 1876, alleged that the petitioner was the widow of Ebenezer Leach, that the defendant, John Leach, was the executor of his last will; that the defendant had neglected to make and file in said court a full and true inventory of the estate of the testator, as by law required ; and was conspiring with…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
“ Any person interested in any order, sentence, decree or denial of any Probate Court, who considers hims'elf injured thereby, may appeal therefrom,” &c. Gen. Sts. c. 48, s. 30. “ In analogy to all our statute provisions relating to appeals from an inferior to a superior court, the order, sentence, decree or denial from which an appeal is to be taken, must, doubtless, be a final one; that is to say, it must be a final disposition of the subject-matter before the court,” — said in Adams v. Adams, 21 Vt. 165.
The decisive question in this case…
2Cases cited3 opinions
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Adams v. AdamsSupreme Court of Vermont · 1849
- Rix v. Heirs of SmithSupreme Court of Vermont · 1836
3Cited by2 opinions
- Wilcox v. WilcoxSupreme Court of Vermont · 1890
- Crawford v. CrawfordSupreme Court of Kansas · 1942