Legal Opinion

Dean v. Lestina L. Dean's Estate

Supreme Court of Vermont

Decided January 15, 1871PublishedCited by 4 opinions

Appeal from the probate court, in which the plaintiff seeks to recover a sum of money in the hands of the administrator of Lestina L. Dean, who was formerly the wife of the plaintiff. Plea, the general issue, and trial by jury, April term, 1870, Wilson, J., presiding.

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Appeal from the probate court, in which the plaintiff seeks to recover a sum of money in the hands of the administrator of Lestina L. Dean, who was formerly the wife of the plaintiff. Plea, the general issue, and trial by jury, April term, 1870, Wilson, J., presiding. The money in question came to Mrs. Dean by inheritance, and was deposited by her in her own name, in the Windham Provident Institution for Savings, at Brattleboro, in 1863, and a certificate of deposit, or pass-book, was delivered to her at the time of the deposit, by the officers óf the bank, and in accordance with the rules…

1Opinion of the Court

The opinion of- the court was delivered by

Royce, J.

The first exceptions taken in the county court were to the rulings of the court in the admission of the evidence given *343by Dean and Tyler, and the extracts read from the letter of June 4th, 1867. We think that all of this evidence had a tendency to prove the making of the gift under which the plaintiff claimed title to the money in controversy, and was properly admitted for that purpose, and the objection to the testimony of the plaintiff was not well taken. He was only permitted to testify to facts which transpired after the appointment of an…

2Cases cited1 opinion

  1. Manwell v. BriggsSupreme Court of Vermont · 1845

3Cited by4 opinions

  1. Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
  2. Turner v. HowardSupreme Court of Vermont · 1916
  3. Watkins & Thurman v. NapierCourt of Appeals of Texas · 1906
  4. Randall v. PrestonSupreme Court of Vermont · 1879

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