Legal Opinion

Jones v. Cooper

Supreme Court of Vermont

Decided December 15, 1825PublishedCited by 1 opinion

THIS was an appeal from a report of commissioners. Stevens, the deceased, on the 19th of January, 1819, was appointed guardian to one Nancy Brewster, and gave a bond to the judge of probate, conditioned for the faithful performance of the duties of said trust, which Jones signed, as surety.

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THIS was an appeal from a report of commissioners. Stevens, the deceased, on the 19th of January, 1819, was appointed guardian to one Nancy Brewster, and gave a bond to the judge of probate, conditioned for the faithful performance of the duties of said trust, which Jones signed, as surety. The bond on which this claim was founded, was executed by Stevens to Jones, to indemnify him against the bond on which he was surety.— Stevens received $300, the property of his ward, and died without accounting for the same. His estate was represented insolvent, and commissioners appointed thereon, who…

1Opinion of the Court

After argument, the following opinion of the Court was pronounced by

Prentiss, J.

This is an appeal from the determination of commissioners, appointed to receive and allow claims against an estate represented insolvent; and the general question arising in the case is, whether the pleadings show a demand in favour of the appellant, which he is entitled to an allowance of against the estate.

By the act, regulating the settlement of testate and intestate estates, {Comp. stat. ch. 44, sec. 89, 92) the commissioners on an insolvent estate are to receive, adjust, and allow all claims and demands…

2Cited by1 opinion

  1. Lowry v. StevensSupreme Court of Vermont · 1834

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