Thorp v. Wilbur
Supreme Court of Vermont
Appeal from Probate. Heard on the report of the commissioners appointed to set out a homestead, at the September term, 1898, Chittenden county, Ross, C. J., presiding. Judgment that the defendant is entitled to the homestead set out to his testate by the probate court commissioners, so far as the same has not been extinguished by the foreclosure of the mortgage, and to no other homestead or homestead right. No costs to either party. The defendant excepted.
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Appeal from Probate. Heard on the report of the commissioners appointed to set out a homestead, at the September term, 1898, Chittenden county, Ross, C. J., presiding. Judgment that the defendant is entitled to the homestead set out to his testate by the probate court commissioners, so far as the same has not been extinguished by the foreclosure of the mortgage, and to no other homestead or homestead right. No costs to either party. The defendant excepted. The plaintiff is the executor of the will of Homer Thompson and the defendant is executor of the will of Lovisa A. Thompson, widow of said…
1Opinion of the CourtRowell, J.
A homestead consists of a dwelling-house, out-buildings, and the land used in connection therewith, not exceeding five hundred dollars in value, used or kept as a homestead. When Thompson moved into the rooms over the store, which he finished for the purpose of living in himself, he rented the little house that he had been living in, reserving a small part of the cellar for storage purposes, a small piece of land in front of the house for a flower-bed, and a small piece in the rear for flowers and vegetables.
The commissioners find that after moving into the store in June, 1892, said rooms, in…
2Cases cited3 opinions
- Whiteman v. FieldSupreme Court of Vermont · 1881
- Bugbee v. BemisSupreme Court of Vermont · 1877
- Russ v. Henry's EstateSupreme Court of Vermont · 1886
3Cited by9 opinions
- In Re BrentUnited States Bankruptcy Court, D. Vermont · 1987
- Martin v. HarringtonSupreme Court of Vermont · 1901
- Cushman v. DavisSupreme Court of Vermont · 1906
- In Re DetkoUnited States Bankruptcy Court, D. Vermont · 2003
- In Re Estate of WolffSupreme Court of Vermont · 1936
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