Barnes v. Dow
Supreme Court of Vermont
Bill in ChaNCEry. Heard on bill, cross-bills, answers, replications, concessions, master’s report.and exceptions thereto, May Term, 1885, Taut, Chancellor. It was decreed that the original cause be dismissed as to Hodges with costs, and that the orator have decree against the defendants in accordance with the prayer of the bill. In the cross-cause of Hodges-v. Dow and others, decree for the orator with costs.
Read the full summary
Bill in ChaNCEry. Heard on bill, cross-bills, answers, replications, concessions, master’s report.and exceptions thereto, May Term, 1885, Taut, Chancellor. It was decreed that the original cause be dismissed as to Hodges with costs, and that the orator have decree against the defendants in accordance with the prayer of the bill. In the cross-cause of Hodges-v. Dow and others, decree for the orator with costs. In the cross-cause of Gifford, Adm’r v. Dow and others, it was decreed that there was due from the estate of James Morse to Wilson, trustee, the sum shown by the master’s report, and…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
It seems plain, from the language of the will as a whole, that it was the intention of the testator to provide a life support for his sister Hannah out of his estate, and to secure it by a devise of his estate in trust to his executor; and then to give the remainder to his nephew, Lewis A. Dow. The language is awkward, but the meaning clear. 'The devise to Dow and to the executor would be inconsistent but for the exception in behalf of Hannah in the devise to Dow, followed by the direct gift to Hannah in the' same paragraph. It created an…
2Cases cited12 opinions
- STANTON v. Embrey, AdministratorSupreme Court of the United States · 1877
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Insurance Co. v. Brune's AssigneeSupreme Court of the United States · 1878
- Lapham v. KellySupreme Court of Vermont · 1862
- National Bank v. CushingSupreme Court of Vermont · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Davis v. MitchellCourt of Appeals of Tennessee · 1943
- Meek v. BriggsSupreme Court of Iowa · 1893
- Weller v. NoffsingerNebraska Supreme Court · 1899
- Robertson v. SchardSupreme Court of Iowa · 1909
- Roberts v. StevensSupreme Judicial Court of Maine · 1892
21 more not listed; retrieve them via the Exa API.