Legal Opinion

Hibbard v. Hurlburt

Supreme Court of Vermont

Decided January 15, 1838PublishedCited by 18 opinions

Trespass, quafe claUsum fregilo Plea — Not guilty and issue to the country. Upon the trial in the county court, the plaintiff offered ill evidence a deed from Horace Wadsworth to himself, of the premises on question, dated April 29, 1834, and proved that he took possession of the land under said deed, in the same month of April, 1834, which possession had been continued to the time of the trial, and that the defendant, in February 1835, and before the issuing of the…

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Trespass, quafe claUsum fregilo Plea — Not guilty and issue to the country. Upon the trial in the county court, the plaintiff offered ill evidence a deed from Horace Wadsworth to himself, of the premises on question, dated April 29, 1834, and proved that he took possession of the land under said deed, in the same month of April, 1834, which possession had been continued to the time of the trial, and that the defendant, in February 1835, and before the issuing of the plaintiff’s writ, committed the trespass complained of. The defendant then offered in evidence a deed from Robert Morriam to one…

1Opinion of the Court

The opinion of the Court was delivered by

Phelps, J.

The first question raised in this case involves the construction of the will of Andrew Hazen. The testator gives, in the first place, a life estate to his widow, Polly Hazen, in “ all his real and personal property.” He then bequeathes certain legacies to the children, charging them upon his real estate, — then devises a portion of 'his real estate, thus charged,to two daughters, and lastly, another portion, charged with certain legacies, payable on the decease of his widow, is devised to his son Spelman Hazen, from whom the defendant claims…

2Cited by18 opinions

  1. In Re Robinson's WillSupreme Court of Vermont · 1929
  2. Richardson v. PaigeSupreme Court of Vermont · 1882
  3. Spiller v. ScribnerSupreme Court of Vermont · 1863
  4. Alger v. KennedySupreme Court of Vermont · 1876
  5. In Re Estate of ValiquetteSupreme Court of Vermont · 1961

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