Admr. of Leonard v. Exr. of Leonard
Supreme Court of Vermont
Appeal from the probate court for the district of Rutland. Trial by jury at the September term, 1893, Rutland county, Tyler, J., presiding. The court directed a verdict for the defendant. The plaintiff excepts.
Read the full summary
Appeal from the probate court for the district of Rutland. Trial by jury at the September term, 1893, Rutland county, Tyler, J., presiding. The court directed a verdict for the defendant. The plaintiff excepts. The evidence of the plaintiff tended to show that his intestate, Jane Leonard, her sister Nancy Leonard, and the defendant’s intestate, Jerry Leonard, their brother, lived together as one family, carrying on different farms in the town of Rutland for many years; that subsequently they purchased a farm in Pittsford, upon which they continued to live until after the death of the two…
1Opinion of the CourtRoss, C. J.
The county court erroneously, held as a matter of law, that the appeal papers could not be amended in that court, and for that reason it could not allow the plaintiff to amend his declaration by filing a declaration in account. Brown v. Brown, 66 Vt. 76; Cutting v. Est. of J. W. Ellis, reported in this volume.
But if it had allowed the amendment, it would not have availed the plaintiff. The claim, if any, in favor of the plaintiff estate against the defendant estate is equitable in its •origin, and in the extent of the plaintiff’s right. Of such claims the probate court has not jurisdiction.…
2Cases cited6 opinions
- Mann v. Mann's EstateSupreme Court of Vermont · 1880
- Purdy v. Estate of PurdySupreme Court of Vermont · 1894
- Brown v. BrownSupreme Court of Vermont · 1894
- Cearnes v. IrvingSupreme Court of Vermont · 1859
- Graves v. WakefieldSupreme Court of Vermont · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In Re Estate of MahoneySupreme Court of Vermont · 1966
- Metcalf v. Metcalf's EstateSupreme Court of Vermont · 1915
- In Re Estate of MahoneySupreme Court of Vermont · 1966