Banfill v. Estate of Banfill
Supreme Court of Vermont
Removal of an executor by the probate or county court. Practice. .Appeal from the decree of the probate court. From the pleadings in the county court which terminated in a demurrer, it appeared that the appellant was.duly appointed and qualified as the executor of the last will and testament of his brother, Samuel X). Ban-fill ; that in his inventory of the assets of said estate, he did not include certain promissory notes, amounting to about three hundred dollars, on the…
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Removal of an executor by the probate or county court. Practice. .Appeal from the decree of the probate court. From the pleadings in the county court which terminated in a demurrer, it appeared that the appellant was.duly appointed and qualified as the executor of the last will and testament of his brother, Samuel X). Ban-fill ; that in his inventory of the assets of said estate, he did not include certain promissory notes, amounting to about three hundred dollars, on the ground, as he alleged, that the testator had told him that he might have them as his own property, upon the testator’s…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
We think the judgment of the county court affirming the decree of the court of probate, should be affirmed. The statute, p. 333, § 9, in express terms, gives the probate court power to remove an executor, if he neglects to peform any decree of that court.
The power is discretionary in the court, and it is for that court, in the first instance, to find the fact of the neglect of the executor, and then to remove or not as shall seem to the court meet. The county court may revise the doings of the court of probate, which in this instance has…
2Cited by2 opinions
- Foster v. AustinSupreme Court of Vermont · 1861
- Thorp v. Thorp's EstateSupreme Court of Vermont · 1902