Lyman v. Morse
Supreme Court of Vermont
Appeal from the Probate Court for tbe District of Lamoille. Trial by court at the December Term, 1896, Lamoille County, Rowell, J., presiding. Judgment pro forma that the plaintiff take one-third, only, of the estate.
1Opinion of the CourtTyler, J.
It appears by the agreed statement of facts that the testator, J. W. Turner, had two children, Charles W. and Mrs. Lyman, and that when he made his will and codicil the son was liying and the daughter had deceased. *326Charles died October 16, 1887, leaving two sons, Henry W. and Roy W. They and Arthur Lyman, son of the testator’s daughter, were all living November 26, 1896, and are still living.
The will was made September 30, 1878, and the codicil January 19, 1882. The testator died October 26, 1886. The second paragraph of the will is:
“I give, devise and bequeath all interest and income on all…
2Cases cited3 opinions
- Thompson's Administrator v. Churchill's EstateSupreme Court of Vermont · 1888
- Barnes v. Hanks' Admr.Supreme Court of Vermont · 1883
- Lyman v. Turner'sSupreme Court of Vermont · 1890