Albee v. Cole
Supreme Court of Vermont
This was an action of trover for several promissory notes. Plea, general issue and trial by jury at the December Term, 1864, Poland, Ch. J., presiding. The plaintiff’s evidence tended to prove the following facts: Sarah Cole, the plaintiff’s intestate, was the widow of Elijah Albee, of Morgan, who died several years since leaving a considerable estate, out of which-the said Sarah received, as his widow, the sum of three thousand 'dollars all in well secured notes.
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This was an action of trover for several promissory notes. Plea, general issue and trial by jury at the December Term, 1864, Poland, Ch. J., presiding. The plaintiff’s evidence tended to prove the following facts: Sarah Cole, the plaintiff’s intestate, was the widow of Elijah Albee, of Morgan, who died several years since leaving a considerable estate, out of which-the said Sarah received, as his widow, the sum of three thousand 'dollars all in well secured notes. These notes were placed by her in the hands of her son, Lewis Albee, as her trustee or agent, and he managed the same for her and…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
This case was argued at the last term of this court and held for consideration. The action is trover for certain promissory notes belonging, as the plaintiff claims, to the intestate. It appears that the notes previous to and at the time of the marriage between the defendant and the intestate, were her property, and that they were in the possession of her son Lewis Albee, who continued to hold and manage them for her for some time after the marriage. The jury under the charge of the court must have found that there was an ante-nuptial contract…
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