Legal Opinion

Abbott v. Coburn

Supreme Court of Vermont

Decided March 15, 1856PublishedCited by 17 opinions

Assumpsit. The parties agreed upon the following statement of facts. The intestate, Lester Abbott, about the year 1845, removed from Brookfield, in this state, to Lowell, Mass., and there resided till December, 1848, when he went to California, leaving his wife and child in Lowell.

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Assumpsit. The parties agreed upon the following statement of facts. The intestate, Lester Abbott, about the year 1845, removed from Brookfield, in this state, to Lowell, Mass., and there resided till December, 1848, when he went to California, leaving his wife and child in Lowell. The said Lester died in California in the summer of 1850, leaving a small amount of property which, soon after his death, one John Hutchinson collected together and converted into money, and, after paying what few debtg the said Lester was owing there together with the expenses of his funeral and of looking up the…

1Opinion of the Court

The opinion of the court -was delivered by

Redfield Ch. J.

In regard to the jurisdiction of the probate court, to grant administration in this state, we think the case comes within the general principle so often announced, that it cannot be attacked collaterally, but the question must be raised, by some proceeding before that court in the first instance, which could only be revised in this court by appeal to the county court, and exceptions or writ of error to this court. The consideration that the facts are agreed upon in this case, can make no difference. The proceeding is not in the proper…

2Cases cited2 opinions

  1. Vaughn v. BarretSupreme Court of Vermont · 1833
  2. Administrator of Bullock v. RogersSupreme Court of Vermont · 1844

3Cited by17 opinions

  1. Epping, Bellas & Co. v. RobinsonSupreme Court of Florida · 1884
  2. Beresford v. American Coal Co.Supreme Court of Iowa · 1904
  3. Reynolds v. McMullenMichigan Supreme Court · 1885
  4. Hensley v. RichIndiana Supreme Court · 1921
  5. In Re Rowley's EstateWashington Supreme Court · 1934

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