McKeough's Est. v. McKeough
Supreme Court of Vermont
Appeal from Probate. Trial by court at the March Term, 1895, Chittenden County, Ross, C. J., presiding. Judgment that the appellant, by the clause of the will in question, took the use of the entire property. Parol evidence was introduced from which the court found the facts recited in the opinion. To the admission of all such evidence the estate excepted “on the "ground that there was no ambiguity, latent or otherwise, which would permit its reception.”
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Appeal from Probate. Trial by court at the March Term, 1895, Chittenden County, Ross, C. J., presiding. Judgment that the appellant, by the clause of the will in question, took the use of the entire property. Parol evidence was introduced from which the court found the facts recited in the opinion. To the admission of all such evidence the estate excepted “on the "ground that there was no ambiguity, latent or otherwise, which would permit its reception.” There is no ambiguity in the language. “Home place” is synonymous with “homestead” and means the dwelling in which one resides. Webster…
1Opinion of the CourtMunson, J.
The testator’s will contains the following clause: “After the decease of my said wife, I give to my son, John McKeough, the use, during his natural life, of my home place where I now live, on the west side of Champlain street in said Burlington.” We are called upon to determine *36what property is covered by the expression “my home place where I now live.”
The testator lived in a house which stood upon the corner of a lot on which there were three other buildings, leased by the testator and occupied as dwellings. He obtained the lot at a single purchase in’ 1850, and held it without interruption…
2Cases cited3 opinions
- Ashton v. IngleSupreme Court of Kansas · 1878
- Tiernan v. His CreditorsCalifornia Supreme Court · 1882
- Dyson v. SheleyMichigan Supreme Court · 1863
3Cited by5 opinions
- Fuller v. FullerIllinois Supreme Court · 1924
- Fletcher v. PerrySupreme Court of Vermont · 1932
- In Re the Application for the Construction of the Will of PhippsNew York Court of Appeals · 1915
- In re Estate of NiesenHamilton County Probate Court · 1951
- In re RommerUnited States Bankruptcy Court, D. Vermont · 2016