Churchill v. Boyden
Supreme Court of Vermont
Appeal from the decision of commissioners, disallowing the plaintiffs’ claim upon the estate of James Minot, deceased. The plaintiffs declared upon a promissory note, executed by the deceased in the State of New York.
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Appeal from the decision of commissioners, disallowing the plaintiffs’ claim upon the estate of James Minot, deceased. The plaintiffs declared upon a promissory note, executed by the deceased in the State of New York. To this declaration the defendant pleaded' that the plaintiffs ought not to have and maintain their action “ against the estate of the said James Minot, deceased, in this State,” because they alleged, “that the said James Minot, at ‘ the time of the making of [he contract in the plaintiffs’ declaration ‘ mentioned, and until his decease, resided and had his domicil at ‘ Pomfret,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question here is, whether the creditors of an estate, when the principal administration is out of this State, and an administration of estate within this State has been granted here, are all alike entitled to have their demands allowed by the commissioners appointed here; or whether the commission extends only to resident creditors. We think it may be considered well settled, in this State, that it is only the latter class of creditors, who are entitled to have their claims allowed here. This subject has been fully considered by…
2Cases cited4 opinions
- Case of Miller's EstateSupreme Court of Pennsylvania · 1832
- Vaughn v. BarretSupreme Court of Vermont · 1833
- Heirs & Legatees of Porter's Estate v. HeydockSupreme Court of Vermont · 1834
- Hunt v. FaySupreme Court of Vermont · 1835
3Cited by7 opinions
- In re Estate of SanfordSupreme Court of Iowa · 1919
- Richards v. BlaisdellCalifornia Court of Appeal · 1909
- Harrison v. MahornerSupreme Court of Alabama · 1848
- In re Lawrence's WillSupreme Court of Vermont · 1919
- Turner v. RisorSupreme Court of Arkansas · 1890
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