Smith v. Kittridge
Supreme Court of Vermont
Appeal by the administrator, with the will annexed, of Joab Smith, deceased, from the decision of the commissioners appointed by the probate court, in allowing a claim against the estate in favor of the plaintiffs, founded upon a promissory note. In the county court the suit was referred, and the referees reported the facts as follows.
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Appeal by the administrator, with the will annexed, of Joab Smith, deceased, from the decision of the commissioners appointed by the probate court, in allowing a claim against the estate in favor of the plaintiffs, founded upon a promissory note. In the county court the suit was referred, and the referees reported the facts as follows. The plaintiffs presented a promissory note, signed by the testator, dated January 5, 1844, and proved its execution and delivery to them, — which note was in these words, — “ Value received, I promise to pay Joab Smith, Jr., and Cephas Smith, or their order,…
1Opinion of the Court
*242The opinion of the court was delivered by
Poland, J.
The claim in favor of the plaintiffs against the estate of the testator is attempted to be supported upon two grounds;— 1, That it is a good donatio causa mortis; — 2, That it is good and binding upon the representatives of Joab Smith, as a debt, which can be enforced, either at law, or in equity.
1. As to the first ground, — was this a good donatio causa mortis 7 Under this branch of the case the first question, which presents itself, is, whether this note could be the subject of a good donatio mortis causa by the testator, who was himself…
2Cases cited5 opinions
- Raymond v. SellickSupreme Court of Connecticut · 1835
- Coutant v. SchuylerNew York Court of Chancery · 1829
- Holley v. AdamsSupreme Court of Vermont · 1844
- Bowers v. HurdMassachusetts Supreme Judicial Court · 1813
- Wright v. WrightNew York Supreme Court · 1823
3Cited by8 opinions
- Seabright v. SeabrightWest Virginia Supreme Court · 1886
- Meginnes v. McChesneySupreme Court of Iowa · 1916
- Noble v. GardenCalifornia Supreme Court · 1905
- Kirkpatrick v. TaylorIllinois Supreme Court · 1867
- Montpelier Seminary v. Smith's EstateSupreme Court of Vermont · 1897
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