Drake v. Wild
Supreme Court of Vermont
Bill in Chancery. The cause came on for hearing upon the pleadings and master’s report at the May Term, 1896, Windsor County. Tyler, Chancellor, rendered a pro forma decree dismissing the bill with costs. The oratrix appealed. The trust found by the master is an express one. Drake y. Wild, 65 Yt. 611. Acquiescence is a matter of. defence and to be available must have been with full knowledge of the party’s legal right. Farrant y. Blanchjord, 1 DeG.
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Bill in Chancery. The cause came on for hearing upon the pleadings and master’s report at the May Term, 1896, Windsor County. Tyler, Chancellor, rendered a pro forma decree dismissing the bill with costs. The oratrix appealed. The trust found by the master is an express one. Drake y. Wild, 65 Yt. 611. Acquiescence is a matter of. defence and to be available must have been with full knowledge of the party’s legal right. Farrant y. Blanchjord, 1 DeG. J. & S. 118; Ashton v. Thompson, 18 N. W. Rep. 918; Wade v. Pulsifer, 54 Vt. 45, 65; Kerr on Fraud and Mistake, 300. The report fails to show that…
1Opinion of the CourtTyler, J.
This case was before the court upon a demurrer to the bill and is reported in 65 Vt. 611. The following are the material facts since reported by the Master:
Cyrus B. Drake and Louisa Smith were married in the year 1839, and the oratrix, their only child, was born in 1843 and always lived with her parents. Louisa died in the year 1870, and Cyrus B. in 1878. Mrs. Drake’s father died in 1867, and her share of his estate was $4,457.08, which the administrator in December, 1868, paid to Mr. Drake by her instructions. Mr. Drake retained possession and control of the fund to the time of his death and…
2Cases cited3 opinions
- Alabama & Vicksburg Railway Co. v. JonesMississippi Supreme Court · 1895
- Drake v. WildSupreme Court of Vermont · 1893
- King v. White & HammondSupreme Court of Vermont · 1890
3Cited by10 opinions
- Noyes v. NoyesMassachusetts Supreme Judicial Court · 1919
- Crawford v. BriantCourt of Appeals for the Tenth Circuit · 1931
- In re Lawrence's WillSupreme Court of Vermont · 1919
- Bowen v. HowensteinCourt of Appeals for the D.C. Circuit · 1913
- Carlile v. HarmonSupreme Court of Oklahoma · 1936
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