Legal Opinion

Minkler v. Estate of Minkler

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 3 opinions

Appeal from the probate court. The plaintiff claimed, among other things, to recover an account for services rendered to the deceased in his life time. The auditors reported that the plaintiff, being an orphan, went to reside with the testator, who was his uncle, when twelve years of age, and resided there until April, 1823, when he was nineteen years of age.

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Appeal from the probate court. The plaintiff claimed, among other things, to recover an account for services rendered to the deceased in his life time. The auditors reported that the plaintiff, being an orphan, went to reside with the testator, who was his uncle, when twelve years of age, and resided there until April, 1823, when he was nineteen years of age. At that time, the plaintiff having expressed to the testator his determination to leave his employment, and being about to leave, the testator told him, that, if he would stay with him and work for him, he would pay him eight dollars per…

1Opinion of the Court

The opinion of the court was delivered by

Bennett, J.

The auditors have reported the facts found by them; and whether the facts, which are found, are sufficient to take a case out of the statute of limitations has been held in this state to be a question of law.

The auditors report, that, in the spring of 1838, the testator said to his wife, “ that he had never let the plaintiff have much of any thing; that he had been a good, faithful man ; and that he was going to settle with and pay him.” It is well settled that, to take a case out of the statute, the admissions need not be made to the party…

2Cases cited2 opinions

  1. Blake v. ParlemanSupreme Court of Vermont · 1841
  2. Houghton v. SlackSupreme Court of Vermont · 1838

3Cited by3 opinions

  1. Cunkle v. HealdDistrict of Columbia Court of Appeals · 1888
  2. Bachman v. RollerTennessee Supreme Court · 1877
  3. Prentiss v. StevensSupreme Court of Vermont · 1865

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