Hobart v. Herrick
Supreme Court of Vermont
Appeal from the report of the commissioners on the estate of Adam Hobart, jr. Their report, in reference to the claim, was in the words following. “ Lorenzo D. Herrick.
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Appeal from the report of the commissioners on the estate of Adam Hobart, jr. Their report, in reference to the claim, was in the words following. “ Lorenzo D. Herrick. Contingent claim on a bond of indem- “ nity for signing note to Orange County Bank, bearing date De- “ cember 6th, 1848, for $3,300. Penalty of bond, $6000. And “ signing, as surety, a note above allowed, in tbe name of Sally “ Nichols, at $180.32.” Tbe appellant, a creditor of tbe estate, in taking bis appeal, filed objections to tbe allowance of either of said claims, setting forth reasons why they should not be allowed,…
1Opinion of the Court
The opinion of the court was delivered by
Redeield, Ch. J.
The question in this case, whether an appeal is allowable, from the report of the commissioners of the presentation of a contingent claim, seems to us decisive of this case.
It is apparent that it was not expected these contingent claims would be allowed by the commissioners, in the first instance, and, unless allowed to the amount of $20 or more, no appeal lies.
The 45th section of the 52d chapter of the Compiled Statutes, expressly provides that, if the claims shall become absolute, and be disputed by the executor, &c., it may be proved…
2Cited by1 opinion
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