Probate Court v. Kimball
Supreme Court of Vermont
Debt on executor’s bond. Plea, the general issue. Trial by the court upon a case stated, December term, 1867, Caledonia county. Steele, J., presiding. The view taken of the case by the supreme court renders an extended statement of the facts and questions raised in the court below and argued in this court unnecessary, and the facts set forth in the course of the opinion seem to be sufficient for an understanding of the point decided.
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Debt on executor’s bond. Plea, the general issue. Trial by the court upon a case stated, December term, 1867, Caledonia county. Steele, J., presiding. The view taken of the case by the supreme court renders an extended statement of the facts and questions raised in the court below and argued in this court unnecessary, and the facts set forth in the course of the opinion seem to be sufficient for an understanding of the point decided. The court below decided that the prosecutors were entitled to recover the balance of the legacy due at the time of the first demand, June 4, 1866, and interest…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This is an action of debt on a bond given to the probate court of the district of Caledonia by the defendants for said Kimball and Terrill as executors of the will of Alvin Flint, late of Stanstead, in Canada, seeking to charge said executors for not paying certain legacies. One of said executors always resided and still resides in Canada; the other in Boston, Massachusetts. *322The testator resided and made his will, and died in Canada; and the principal administration is in that province. The will was there proved by the executors, and a copy…
2Cases cited4 opinions
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Heirs & Legatees of Porter's Estate v. HeydockSupreme Court of Vermont · 1834
- Probate Court v. ChapinSupreme Court of Vermont · 1858
- Probate Court v. SlasonSupreme Court of Vermont · 1851
3Cited by9 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Young v. WittenmyreIllinois Supreme Court · 1888
- Huntsman v. HooperSupreme Court of Minnesota · 1884
- Probate Court v. KentSupreme Court of Vermont · 1877
- Buffum v. Haynes' EstateSupreme Court of Vermont · 1896
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