Giddings v. Smith
Supreme Court of Vermont
Ejectment for seventy-five acres of land in Rutland. Plea, not guilty. Issue to the court. On the trial in the county court, it appeared that, on the 9th day of June, 1774, Daniel Harris, of said Rutland, by his last will and testament duly executed, devised to his daughter, Elizabeth Harris, “ and to the lawful heirs of her body,” the premises in question ; that said will was approved by Joseph Bowker, judge of probate for the district of Rut-' land, on the 2d day of May,…
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Ejectment for seventy-five acres of land in Rutland. Plea, not guilty. Issue to the court. On the trial in the county court, it appeared that, on the 9th day of June, 1774, Daniel Harris, of said Rutland, by his last will and testament duly executed, devised to his daughter, Elizabeth Harris, “ and to the lawful heirs of her body,” the premises in question ; that said will was approved by Joseph Bowker, judge of probate for the district of Rut-' land, on the 2d day of May, 1781, whose certificate of the administration of the oath to the witnesses of the will, was made by him as a justice of…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The importance of the question in this case appears from the fact that it has been three times before the court, and the case is, probably, the first and only one in which it has been the subject either of discussion or adjudication in our judicial tribunals. Several points have been made in the argument, and it may be proper to notice them, as the court have deliberated upon them, and are prepared to express their opinion.
An objection was made to the will of Daniel Harris as not being properly executed, or proved. The objection to the…
2Cases cited3 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Judge of Probate v. FillmoreSupreme Court of Vermont · 1824
- Manwaring v. TaborConnecticut Superior Court · 1780
3Cited by16 opinions
- Clement v. GrahamSupreme Court of Vermont · 1906
- Mettler v. MillerIllinois Supreme Court · 1889
- Rushin v. Shields & BallSupreme Court of Georgia · 1852
- Bigelow v. TopliffSupreme Court of Vermont · 1853
- Dickey v. VannSupreme Court of Alabama · 1886
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