Giddings v. Giddings's Administrator
Supreme Court of Vermont
This was an appeal from probate. The case was referred, and the referee reported in substance as follows: In 1815, Benjamin Giddings, of Poultney, died, leaving a widow and several children, among whom were Damon, the defendant’s intestate Benjamin, and Joseph, who had become of age in 1809, taken an advancement from his father, and gone to reside in Ellisburg, Jefferson County, N. Y. Dower was assigned to the widow, and the remainder of the estate was divided among the…
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This was an appeal from probate. The case was referred, and the referee reported in substance as follows: In 1815, Benjamin Giddings, of Poultney, died, leaving a widow and several children, among whom were Damon, the defendant’s intestate Benjamin, and Joseph, who had become of age in 1809, taken an advancement from his father, and gone to reside in Ellisburg, Jefferson County, N. Y. Dower was assigned to the widow, and the remainder of the estate was divided among the heirs, a small part of the home farm being set out to Joseph for his share after deducting the advancement. In 1842 the…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
This case was heard on the report of a referee, and the court below rendered judgment for the plaintiff, on the report, for the smallest sum named, to which both parties excepted. The facts appear fully from the report, which is made a part of the exceptions.
The first question in the consideration of the case, and the most important in the view we take of it, is as to the delivery^ of the note in suit. Benjamin Giddings, defendant’s intestate, and his brother Joseph, met in 1867, and in conversation Benjamin admitted that he considered he…
2Cases cited12 opinions
- Worth v. . CaseNew York Court of Appeals · 1870
- Oakley v. BoormanNew York Supreme Court · 1839
- Belden v. CarterSupreme Court of Connecticut · 1809
- Boothe v. FitzpatrickSupreme Court of Vermont · 1864
- Glass v. BeachSupreme Court of Vermont · 1833
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3Cited by7 opinions
- Peters v. Estate of PoroSupreme Court of Vermont · 1922
- Daggett v. SimondsMassachusetts Supreme Judicial Court · 1899
- Pyle v. EastSupreme Court of Iowa · 1915
- Spencer v. Potter's EstateSupreme Court of Vermont · 1911
- Wiers v. White, Et VirSupreme Court of Florida · 1940
2 more not listed; retrieve them via the Exa API.