Whitcomb v. Davenport's Est.
Supreme Court of Vermont
This was an appeal to the County Court from an order of the Probate Court for the district of Windsor, dismissing the petition of the appellant. Iieard at the December term, 1890, Thompson, !., presiding. The appeal was dismissed. Exceptions by the appellant.
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This was an appeal to the County Court from an order of the Probate Court for the district of Windsor, dismissing the petition of the appellant. Iieard at the December term, 1890, Thompson, !., presiding. The appeal was dismissed. Exceptions by the appellant. The appellant petitioned the Probate Court to renew the commission for the allowance of claims against the estate of one A. K. Davenport, alleging that she had a valid claim against the said estate; that she was informed that some claim had been presented to the commissioners in her name and disallowed by them, but that the same was…
1Opinion of the Court
The opinion of the court was delivered by
MUNSON, J.
It has been heretofore held that the right of appeal from the decrees of the Probate Court extends to matters which are within the discretion of that court. Adams v. Adams, 21 Vt. 162 ; Holmes v. Holmes, 26 Vt. 536 ; Hilliard v. McDaniels, 48 Vt. 122. In the case first cited, the court laid some stress upon the comprehensiveness of the language of the statute, — it being then provided that an appeal might be taken from “ any ” order or decree of the Probate Court, and that the County Court should have appellate jurisdiction of “ all ” matters…
2Cases cited5 opinions
- Adams v. AdamsSupreme Court of Vermont · 1849
- Clark v. PowellSupreme Court of Vermont · 1890
- Holmes v. Estate of HolmesSupreme Court of Vermont · 1854
- Hilliard v. McDaniels's AdministratorSupreme Court of Vermont · 1874
- Moore v. BachelderSupreme Court of Vermont · 1878
3Cited by10 opinions
- State v. HowardSupreme Court of Vermont · 1936
- In the Matter of Estate DelliganSupreme Court of Vermont · 1939
- Stearns v. GrahamSupreme Court of Vermont · 1909
- Town of Brighton v. KelseySupreme Court of Vermont · 1905
- Wright v. WrightSupreme Court of Connecticut · 1936
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