Hurlburt v. Hurlburt's Est.
Supreme Court of Vermont
. This was an appeal from a decree of tbe Probate Court for the district of Chittenden. Trial by jury at the April term, 1889, Chittenden county, Powers, L, presiding. Verdict for the appellant. The Probate Court decreed distribution of the estate of Wait Hurlburt to his three children, George W. Hurlburt, Mrs. Mary Truell and Edmund W. Hurlburt. Wait Hurlburt died December 14, 1884, in said district.
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. This was an appeal from a decree of tbe Probate Court for the district of Chittenden. Trial by jury at the April term, 1889, Chittenden county, Powers, L, presiding. Verdict for the appellant. The Probate Court decreed distribution of the estate of Wait Hurlburt to his three children, George W. Hurlburt, Mrs. Mary Truell and Edmund W. Hurlburt. Wait Hurlburt died December 14, 1884, in said district. The appellant claimed that Edmund W. Hurlburt died without issue before his father, and that therefore no distributive share should have been decreed to him. The only question was whether Edmund…
1Opinion of the CourtRowell, J.
Ic is immaterial whether the offer of testimony from the witness Churchill was too broad or not, for his testimony itself was entirely in defendant’s favor. It is not the offer that vitiates, but the improper testimony obtained under it.
The court’s allowing the party calling the witness to impeach him by showing that he had made statements inconsistent with his testimony, is criticised, for that the court did not think the witness adverse, but only his testimony. But the court held the “ witness’s testimony ” adverse “ within the meaning of the statute relating to the impeachment of adverse…
2Cases cited3 opinions
- Morris v. Lessee of Josiah Harmer's HeirsSupreme Court of the United States · 1833
- Webb v. RichardsonSupreme Court of Vermont · 1869
- Phelps v. FootSupreme Court of Connecticut · 1815
3Cited by6 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Gero v. John Hancock Mutual Life InsuranceSupreme Court of Vermont · 1941
- Ferguson v. BoydIndiana Supreme Court · 1907
- In re Hurlburt's EstateSupreme Court of Vermont · 1895
- In Re Campbell's WillSupreme Court of Vermont · 1929
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