In re Carey's Estate
Supreme Court of Vermont
Appeal from a decree of the Probate Court for the district of Cbitteudeu, distributiug the estate of the said Polly Carey in accordance with the provisions of her will. Trial by the court at the April Term, 1875, upon an agreed statement of facts, Pier-point, C. J., presiding. On October 29, 1864, the said Polly Carey, then an unmarried woman of full age, and known by her maiden name of Tomberson, made a will, which has since been duly probated.
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Appeal from a decree of the Probate Court for the district of Cbitteudeu, distributiug the estate of the said Polly Carey in accordance with the provisions of her will. Trial by the court at the April Term, 1875, upon an agreed statement of facts, Pier-point, C. J., presiding. On October 29, 1864, the said Polly Carey, then an unmarried woman of full age, and known by her maiden name of Tomberson, made a will, which has since been duly probated. The said Polly was then possessed in her own right of personal property, consisting in part of choses in action, of the value of about fifteen…
1Opinion of the Court
The opinion of the court was delivered by
Wheeler, J.
The probate of this will did not at all settle what property should pass by it. The statute, Gen. Sts. 379, s. 20, provides that “ the probate of a will of real or personal es*245tate,” “ shall be conclusive as to its due execution and that only is the effect, generally, of the probate of a will. Toller Exrs. 68, 242 ; Holman v. Perry, 4 Met. 492; and was what was understood and intended to be the effect of the probate of this one when it was done. Morton v. Onion, 45 Vt. 145. The questions as to what this will did pass, remain, and are now to…
2Cases cited8 opinions
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Howard v. Windham County Savings BankSupreme Court of Vermont · 1868
- Garrett v. DabneyMississippi Supreme Court · 1854
- Morton v. OnionSupreme Court of Vermont · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ellis v. DardenSupreme Court of Georgia · 1890
- Will of WardWisconsin Supreme Court · 1887
- EmerySupreme Judicial Court of Maine · 1889
- In re Peck's EstateSupreme Court of Vermont · 1908
- Fellows v. AllenSupreme Court of New Hampshire · 1881
1 more not listed; retrieve them via the Exa API.