In re Bellows' Estate
Supreme Court of Vermont
Appeal from the Probate Court ordering the removal of the defendant as executor of the will and estate of Hiram Bellows, deceased, and the appointment of S. S.. Allen as administrator of said estate. Heard by the Court, April Term, 1886, Franklin County, Royce, Ch. J., presiding. Judgment that the appeal be dismissed. The case appears in the opinion. The statute allowing appeals applies to this case.
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Appeal from the Probate Court ordering the removal of the defendant as executor of the will and estate of Hiram Bellows, deceased, and the appointment of S. S.. Allen as administrator of said estate. Heard by the Court, April Term, 1886, Franklin County, Royce, Ch. J., presiding. Judgment that the appeal be dismissed. The case appears in the opinion. The statute allowing appeals applies to this case. R. L. ss. 2270-5-9. The legality of the order is brought in question, and this clearly entitles the defendant to an appeal. Holmes v. Holmes, 26 Yt. 536 ;. Hilliard v. McDaniels, 48 Yt. 124 ;…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The appellant was executor of the estate of *226Hiram Bellows. Under the last clauses of sec. 2067 R. L., he was ordered by the Probate Court to file a bond as executor, and upon his neglect to do so, and for that reason, the court removed him and appointed an administrator, c. t. a. From the order of removal and appointment the said Sowles appealed. The appellees, being legatees under the will, moved, in the County Court, to dismiss the appeal for two reasons, viz. : First, that the decree and order of the Probate Court was not one from which an…
2Cases cited7 opinions
- Anderson v. Estate of AndersonSupreme Court of Vermont · 1869
- Holmes v. Estate of HolmesSupreme Court of Vermont · 1854
- Small v. HaskinsSupreme Court of Vermont · 1854
- Sabine v. RoundsSupreme Court of Vermont · 1877
- Hilliard v. McDaniels's AdministratorSupreme Court of Vermont · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hartt v. HarttWyoming Supreme Court · 1956
- First Nat'l B'k v. Comr. of TaxesSupreme Court of Vermont · 1940
- Foss v. SowlesSupreme Court of Vermont · 1890
- In re Trs. of the Marjorie T. Palmer TrustSupreme Court of Vermont · 2018
- In re Trust Estate of FlynnSupreme Court of Vermont · 1992
2 more not listed; retrieve them via the Exa API.