Brown v. Estate of Sumner
Supreme Court of Vermont
Appeal from the report of the commissioners disallowing the plaintiff’s claim against the intestate’s estate. The plaintiff claimed to recover upon a promissory note for one hundred and fifty-nine dollars and eighty-six cents, dated June 27, 1857, signed by the intestate and payable to the plaintiff or bearer, on demand, with interest annually.
Read the full summary
Appeal from the report of the commissioners disallowing the plaintiff’s claim against the intestate’s estate. The plaintiff claimed to recover upon a promissory note for one hundred and fifty-nine dollars and eighty-six cents, dated June 27, 1857, signed by the intestate and payable to the plaintiff or bearer, on demand, with interest annually. It was agreed by the parties that the intestate was married to Thomas Sumner in 1818, and that from that time they lived together as husband and wife, upon a farm in Halifax owned by her, until her decease, and raised a family of children ; that she…
1Opinion of the CourtBennett, J.
The note executed by Mrs. Sumner, while a feme covert, was absolutely void at law.
Whether it could be enforced under the circumstances of this case against her separate estate in a court of equity, it is not necessary to decide in this case.
We are all agreed that even if that point be conceded it is not a claim, the allowance of which can be enforced before the commissioners on her estate, and that the only appropriate remedy for the plaintiff, even in that event, must be in a court of equity.
If the plaintiff has a claim, it is purely of an equitable, character, and one which can only be…
2Cases cited2 opinions
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- Hendrick v. CleavelandSupreme Court of Vermont · 1828
3Cited by8 opinions
- Spaulding v. Estate of WarnerSupreme Court of Vermont · 1879
- Re Estate of PerkinsSupreme Court of Vermont · 1893
- Brown v. EllisU.S. Circuit Court for the District of Vermont · 1898
- National Bank of Newbury v. HaleSupreme Court of Vermont · 1925
- Sowles v. WittersU.S. Circuit Court for the District of Vermont · 1889
3 more not listed; retrieve them via the Exa API.