Morse v. Low
Supreme Court of Vermont
Appeal from the probate court. The case was referred to a commissioner, wbo reported as follows: There was presented on the part of the plaintiff estate, which was a testate estate, by the executor of the will, the note hereto annexed, and also an account on demand, for the payment of a colt, and items for money lent.
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Appeal from the probate court. The case was referred to a commissioner, wbo reported as follows: There was presented on the part of the plaintiff estate, which was a testate estate, by the executor of the will, the note hereto annexed, and also an account on demand, for the payment of a colt, and items for money lent. Willard W. Low, against whose estate tbe claims are presented, by the executor of Jolm A. Morse, was a son-in-law of said John A. Morse, having married his daughter, who is the widow of said Willard W. Low, and admin-istratrix of his estate. In respect to the execution of the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The principle that a written instrument cannot be enlarged, varied, or contradicted by parol testimony is too *565elementary and too well established to require the support of authorities. The evidence offered by the intestate estate, and received by the commissioner against the objection of the testate estate, and from which the commissioner has found that it was the understanding, at the time the note was executed, that the note given by the intestate to the testator was never to be paid, except the interest, if the testator should need and…
2Cases cited4 opinions
- Lytle v. Bond's EstateSupreme Court of Vermont · 1868
- Cole v. ShurtleffSupreme Court of Vermont · 1868
- Hollister v. YoungSupreme Court of Vermont · 1869
- Gould v. Safford's EstateSupreme Court of Vermont · 1866
3Cited by15 opinions
- Downs v. BeldenSupreme Court of Vermont · 1874
- Alexander v. ChevalierSupreme Court of Vermont · 1924
- Town of Grand Isle v. KinneySupreme Court of Vermont · 1898
- Gregg v. WillisSupreme Court of Vermont · 1899
- Farmers' Mutual Fire Insurance v. WellsSupreme Court of Vermont · 1880
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