Sparhawk v. Administrator of Ozias Buell
Supreme Court of Vermont
The bill in this case states, that on the 29th day of June, 1814, William C. Harrington, of Burlington, made and published his last will and testament, by which be bequeathed to the “ children of Pirineas Lyman,” one thousand dollars, and appointed Lyman King, Qzias Buell, Pirineas Lyman, and Isaac R. Harrington, the executors of his will; that the testator deceased, and the executors above named, on the 18th July, 1814, duly proved the will and jointly assumed the trust…
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The bill in this case states, that on the 29th day of June, 1814, William C. Harrington, of Burlington, made and published his last will and testament, by which be bequeathed to the “ children of Pirineas Lyman,” one thousand dollars, and appointed Lyman King, Qzias Buell, Pirineas Lyman, and Isaac R. Harrington, the executors of his will; that the testator deceased, and the executors above named, on the 18th July, 1814, duly proved the will and jointly assumed the trust thereby imposed, and possessed themselves- of the testator’s personal and real estate to the amount oí sixty thousand…
1Opinion of the Court
Redfield, Chancellor
delivered the opinion of the Court.
The court have not been so fortunate as to come to an unanimous determination in the present case. They deem the case of much importance, both in regard to the principles involved, and the amount in controversy, and it is to be regretted any diversity of opinion should exist in relation to the judgment now given. A majority concur in the following results.
The testimony does not sufficiently show, that Phineas Lyman was in such circumstances of poverty, as to warrant him before the time of his failure in the year 1824, in appropiating the…
2Cases cited7 opinions
- Belknap v. GleasonSupreme Court of Connecticut · 1836
- Corliss v. CorlissSupreme Court of Vermont · 1836
- Reed v. ShepleySupreme Court of Vermont · 1834
- Blackmer v. BlackmerSupreme Court of Vermont · 1833
- Williams v. Alaska Commercial Co.District Court, D. Alaska · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Tucker v. StewartSupreme Court of Iowa · 1903
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- In re Estate of WoolleySupreme Court of Vermont · 1922
35 more not listed; retrieve them via the Exa API.