Legal Opinion

Probate Court v. Gale

Supreme Court of Vermont

Decided February 15, 1874PublishedCited by 5 opinions

This was an action upon a bond given by the defendant Jane E. Gale, as administratrix of the estate of John E. Gale, and the other defendants as her sureties.

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This was an action upon a bond given by the defendant Jane E. Gale, as administratrix of the estate of John E. Gale, and the other defendants as her sureties. The case was referred, and the referee reported that the prosecutor presented a note before him which the commissioners on said estate allowed against the same on May 10th, 1870, at $28.86, which allowance had never been paid, except $10 thereof by the use of a horse; that the defendant Jane E. Gale presented an account before him in offset to said note, which account said defendant presented in offset before the commissioners when they…

1Opinion of the Court

The opinion of the court was delivered by

Wheeler, J.

The condition of the bond declared on was that the defendant Jane E. Gale should pay and discharge all debts and charges chargeable on the estate of John E. Gale of which she was administratrix. The breach assigned is that a claim of twenty-eight dollars and eighty-six cents was allowed by the commissioners of claims, to the prosecutor, which she has not paid. The report of the referee shows that this claim was allowed, and that since the allowance, it has not been paid except to the extent of ten dollars by the use of the horse as stated in…

2Cases cited1 opinion

  1. Ewing v. GriswoldSupreme Court of Vermont · 1871

3Cited by5 opinions

  1. Kenney v. HowardSupreme Court of Vermont · 1895
  2. Spaulding v. WarnerSupreme Court of Vermont · 1887
  3. Sabin v. KeltonSupreme Court of Vermont · 1881
  4. Bliss v. Little's Adm.Supreme Court of Vermont · 1890
  5. Martin v. WhiteSupreme Court of Vermont · 1886

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