In re Cary's Estate
Supreme Court of Vermont
Appeal from the decision of the probate court dismissing a petition of Albert C. Davis and Louisa Hudson against R. C. , Abell and another for an accounting by said Abell as trustee and for distribution to the petitioners as remaindermen under the will of Theodore Cary. Heard on motions to dismiss the petition at the September Term, 1907, Rutland County, Rail, J., presiding.
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Appeal from the decision of the probate court dismissing a petition of Albert C. Davis and Louisa Hudson against R. C. , Abell and another for an accounting by said Abell as trustee and for distribution to the petitioners as remaindermen under the will of Theodore Cary. Heard on motions to dismiss the petition at the September Term, 1907, Rutland County, Rail, J., presiding. The petition shows that, other than the formal parts, Theodore Cary’s will contained three paragraphs. The first directing that his just debts be paid and discharged; the other two as follows: “Secondly. It is my will and…
1Opinion of the CourtWatson, J.
The case is here on the motion to dismiss the petition. The grounds of the motion will be considered in their inverse order.
It appears from the will that Alonzo, Elizabeth, and Lucy were brother and sisters, children of the testator’s sister *118Asenath. By the second paragraph of the will Alonzo is given .a life estate in' certain property, remainder over,, to his children, if he have any,, in fee.^ By the third paragraph, the use of the rest of the property which the testator should have at his decease was given to be equally divided between Lucy and Elizabeth, “during their natural lives and…
2Cases cited3 opinions
- In re Hodges' EstateSupreme Court of Vermont · 1891
- Bailey v. BaileySupreme Court of Vermont · 1894
- Mitchell v. BlanchardSupreme Court of Vermont · 1899
3Cited by4 opinions
- Aldridge v. First & Merchants National BankSupreme Court of Virginia · 1950
- Bianchi v. MartinSupreme Court of Vermont · 1920
- In Re Trusts U/W ProctorSupreme Court of Vermont · 1981
- In re Trs. of the Marjorie T. Palmer TrustSupreme Court of Vermont · 2018