Curley v. Hand's Estate
Supreme Court of Vermont
Appeal from the order of the Probate Court. Heard at the April Term, 1880, Eoyce, J., presiding. The County Court affirmed the order of the Probate Court disallowing the claim. The facts are sufficiently stated in the opinion of the court. cited Gen. Sts. c. 53, s. 45 ; Waterman, Guard., v. Wright, 36 Yt. 164 ; Admr. Sargent v. Admr.
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Appeal from the order of the Probate Court. Heard at the April Term, 1880, Eoyce, J., presiding. The County Court affirmed the order of the Probate Court disallowing the claim. The facts are sufficiently stated in the opinion of the court. cited Gen. Sts. c. 53, s. 45 ; Waterman, Guard., v. Wright, 36 Yt. 164 ; Admr. Sargent v. Admr. Kimball, 37 Yt. 320 ; Lytle v. Bond’s Estate, 39 Vt. 388. The contingency contemplated by the statute is the same as in the analogous statute relating to the trustee process, and must be such as to affect the debt itself. Burke v. Whitcomb Tr., 13 Yt. 421; Downer…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
This was an appeal from an order of the Probate Court disallowing a claim presented by the plaintiff against the defendant estate. The claim was based on a promissory note which James Hand executed to the plaintiff. The latter indorsed it during the life of Hand, waiving demand and notice, to Hiram Bellows, for valuable consideration. Hand died, and commissioners were duly appointed on his estate. Bellows died while the holder and owner of the note ; and his executor did not present the note as a claim to the commissioners of Hand’s estate…
2Cases cited2 opinions
- Administrator of Sargent's Estate v. Administrator of Kimball's EstateSupreme Court of Vermont · 1864
- Lytle v. Estate of BondSupreme Court of Vermont · 1867
3Cited by2 opinions
- Schirm v. AuclairDistrict Court, D. Connecticut · 1984
- Brown's Exr. v. Dunn's Est.Supreme Court of Vermont · 1903