Lawrence v. Englesby
Supreme Court of Vermont
This was an Appeal from the Probate Court. The.petition set forth, that ■one Mary Lawrence died at Burlington, on the 24th day of November, 1850, intestate, and leaving estate to be administered upon; that thirty days next after the death of the said Mary hath not yet elapsed; the petitioner, as matter of right, applies to the said court, to be himself appointed- administrator of the estate of the said Mary, deceased.
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This was an Appeal from the Probate Court. The.petition set forth, that ■one Mary Lawrence died at Burlington, on the 24th day of November, 1850, intestate, and leaving estate to be administered upon; that thirty days next after the death of the said Mary hath not yet elapsed; the petitioner, as matter of right, applies to the said court, to be himself appointed- administrator of the estate of the said Mary, deceased. That one Leverett B. Englesby claims to be administrator of the said estate, and that he hath not been legally and properly appointed; that he is not one of the next of kin to…
1Opinion of the Court
’The opinion of the court was delivered by
Ishasi, J.
The demurrer in this case extends to the two first, •and so much of the third plea in bar, as relates to the insolvency of the petitioner. Our attention, however, has been directed only to the first plea, as we entertain no doubt that the decree of the probate court therein set forth, is a bar to this petition.
This petition was not brought under that provision of our statutes authorizing the probate court to remove an administrator for *45matters arising subsequent to the appointment; for no matter arising subsequent to that decree, is stated…
2Cited by9 opinions
- In re Estate of WoolleySupreme Court of Vermont · 1922
- Larson v. Union Pacific RailroadNebraska Supreme Court · 1903
- In re Wells's EstateSupreme Court of Vermont · 1897
- State ex rel. Flick v. ReddishMissouri Court of Appeals · 1910
- Hilliard v. McDaniels's AdministratorSupreme Court of Vermont · 1874
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