Wyman v. Wilcox's Estate
Supreme Court of Vermont
Appeal from the action of commissioners for the allowance of claims against the estate of A. J. Wilcox. Heard at the June term, 1892, Munson, J., presiding, upon the report of an auditor and exceptions ■ of both parties thereto. The court overruled the exceptions of the plaintiffs, sustained the exceptions of the defendant, and gave judgment on the report for the defendant. The plaintiffs except.
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Appeal from the action of commissioners for the allowance of claims against the estate of A. J. Wilcox. Heard at the June term, 1892, Munson, J., presiding, upon the report of an auditor and exceptions ■ of both parties thereto. The court overruled the exceptions of the plaintiffs, sustained the exceptions of the defendant, and gave judgment on the report for the defendant. The plaintiffs except. From the report of the auditor it appeared that the plaintiffs were brothers and partners in all their business transactions, including those with the intestate. The intestate was their uncle and…
1Opinion of the CourtTyler, J.
It appears by the referee’s report that the plamtiff, J. R. Wyman, offered himself as a witness, produced exhibit No. 1 as his book account, and testified that it was in the handwriting of his attorney, who drew it up after the decease of Wilcox and after the appointment of the administrator and commissioners upon his estate. The plaintiff then offered the writing as a book of original entries, and proposed to testify that the plaintiffs had no other book, and that the entries upon the paper were made from their recollection.
If the paper and offered evidence were admissible they were made so…
2Cases cited3 opinions
- Barnes v. DowSupreme Court of Vermont · 1887
- Lapham v. KellySupreme Court of Vermont · 1862
- Parris v. Bellows's EstateSupreme Court of Vermont · 1880