Wilcox v. Wilcox
Supreme Court of Vermont
This was an appeal from an order of tlie Probate Court for tlie district of Bennington. Heard upon petition and answer at tlie December term, 1889, Bennington county, Tyler, J., presiding. Judgment tliat tlie petitionee is tlie guardian of tlie petitioner and tliat lie account as such. Exceptions by tlie petitionee. The point decided appears in the opinion.
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This was an appeal from an order of tlie Probate Court for tlie district of Bennington. Heard upon petition and answer at tlie December term, 1889, Bennington county, Tyler, J., presiding. Judgment tliat tlie petitionee is tlie guardian of tlie petitioner and tliat lie account as such. Exceptions by tlie petitionee. The point decided appears in the opinion. The order to account was an interlocutory, not a final one, and the County Court should have dismissed the appeal sua sponte. Kimball v. Kimball, 19 Yt. 579 ; Adams v. Adams, 21 Yt. 162; French v. Winsor, 21 Yt. 102; Timothy v. Farr, 12…
1Opinion of the Court
The opinion of the court was delivered by-
MUNSON, J.
This is an appeal from the Probate Court for the District of Bennington, and arises upon a petition brought to that court by Nelson O. "Wilcox, who therein represented that Silas B. Wilcox had been his guardian by appointment of said court, and prayed that he be required to render and settle his guardian account. The petitionee refused to account, claiming that he had never received an appointment as guardian of the petitioner, nor acted as such. The Probate Court made an order requiring the petitionee to account as guardian of the…
2Cases cited5 opinions
- Adams v. AdamsSupreme Court of Vermont · 1849
- French v. WinsorSupreme Court of Vermont · 1852
- Felton v. SowlesSupreme Court of Vermont · 1885
- Kimball v. KimballSupreme Court of Vermont · 1847
- Leach v. Leach'sSupreme Court of Vermont · 1878
3Cited by3 opinions
- Fillmore v. Estate of MorganSupreme Court of Vermont · 1919
- In Matter of Estate of TaylorSupreme Court of Vermont · 1938
- Bianchi v. MartinSupreme Court of Vermont · 1920