Davis v. Eastman
Supreme Court of Vermont
Appeal from an order of the probate court for the district of Caledonia. Trial by court at the June term, 1895, Caledonia county, Start, J., presiding.. Judgment for the petitioner. The petitionee excepts. The administrator of Brainard Flint’s estate was not a proper party. Davis v. Mayor of New York, 67 Am. Dec., 186; Sargent v. Kimball, 37 Vt. 323 ; Potts v. Smith, 24 Am. Dec., 359; Stubblefield v. McRaven, 43 Am.
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Appeal from an order of the probate court for the district of Caledonia. Trial by court at the June term, 1895, Caledonia county, Start, J., presiding.. Judgment for the petitioner. The petitionee excepts. The administrator of Brainard Flint’s estate was not a proper party. Davis v. Mayor of New York, 67 Am. Dec., 186; Sargent v. Kimball, 37 Vt. 323 ; Potts v. Smith, 24 Am. Dec., 359; Stubblefield v. McRaven, 43 Am. Dec., 502 ; Tock v. Tock, 30 N. Y. S. 1003 ; Heirs of Smith v. Rix, 9 Vt. 240; Rix v. Heirs of Smith, 8 Vt. 365 ; Heirs of Adarnsv. Adams, 22 Vt. 50; Heirs of Adams v. Friend…
1Opinion of the CourtThompson, J.
In October, 1868, Brainard Flint died, testate, leaving a widow, Mary Flint, but no issue. By his will, which was duly proved, Mary Flint was constituted his executrix, and was appointed by the probate court, accepted the trust.and duly qualified, and acted as executrix. The personal and real estate of Brainard Flint was appraised at $1,743.24 by the appraisers appointed by the probate court. She waived her rights under the will, and demanded her rights in the estate under the law of distribution. June 19, 1869, after due notice, she settled her account as executrix in the probate court. By…
2Cases cited19 opinions
- McCloskey v. GleasonSupreme Court of Vermont · 1883
- Richardson v. Estate of MerrillSupreme Court of Vermont · 1859
- Estate of Johnson v. Estate of JohnsonSupreme Court of Vermont · 1868
- Drake v. WildSupreme Court of Vermont · 1893
- Walton v. Estate of HallSupreme Court of Vermont · 1894
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3Cited by5 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- In Re Estate of CurtisSupreme Court of Vermont · 1937
- In Re Warner's EstateSupreme Court of Vermont · 1925
- In re Hayes's EstateSupreme Court of Vermont · 1916
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923