In re Nelson's will
Supreme Court of Vermont
Appeal from a decree of the probate court establishing the instrument propounded. Heard on motion to dismiss the appeal as to the appellant, George H. Davis, at the September Term, 1897, Orleans County, Rowell, J., presiding. It was conceded, and agreed to be treated as apparent of record, that Nelson was the owner of real estate at the time of his death. Said Lizzie G. Davis is his daughter.
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Appeal from a decree of the probate court establishing the instrument propounded. Heard on motion to dismiss the appeal as to the appellant, George H. Davis, at the September Term, 1897, Orleans County, Rowell, J., presiding. It was conceded, and agreed to be treated as apparent of record, that Nelson was the owner of real estate at the time of his death. Said Lizzie G. Davis is his daughter. The motion was based upon the grounds that the appellant wife was entitled to prosecute the appeal in her own name without joining her husband, that her husband had not, as such, any right to appeal, and…
1Opinion of the CourtTaft, J.
Any real estate which the appellant Lizzie may take as an heir of the testator will not be her separate estate, which involves as the characterizing fact, that she will hold it to her sole use in exclusion of the marital rights of her husband. Frary v. Booth, 37 Vt. 78; Hubbard v. Bugbee, 58 Vt. 172. And her husband, the appellant George H., will be entitled to the rents and profits of it during coverture. Hackett v. Moxley, 68 Vt. 210. He therefore properly joined in the appeal.
Judgment affirmed and cause remanded.
2Cases cited3 opinions
- Frary v. BoothSupreme Court of Vermont · 1864
- Hackett v. MoxleySupreme Court of Vermont · 1895
- Hubbard v. BugbeeSupreme Court of Vermont · 1885
3Cited by7 opinions
- Laird v. PerrySupreme Court of Vermont · 1902
- Ainger v. White's Admrx.Supreme Court of Vermont · 1912
- In re Hathaway's WillSupreme Court of Vermont · 1903
- In re RooneyDistrict Court, D. Vermont · 1901
- Fadden v. FaddenSupreme Court of Vermont · 1918
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