Legal Opinion

Administrator of Gilbert's Estate v. Administrator of Howe's Estate

Supreme Court of Vermont

Decided January 15, 1875PublishedCited by 3 opinions

Appeal from the decision of the commissioners on the estate of Hannah B. Howe. The plaintiff presented a claim against said estate on a probate bond signed by the intestate as surety for one John Howe, administrator de bonis non of the estate of Tilly Gilbert. 'The commissioners allowed the claim at $2,000, the full penalty of the bond, and their report was returned to the probate court for the district of Eairhaven, and approved and recorded.

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Appeal from the decision of the commissioners on the estate of Hannah B. Howe. The plaintiff presented a claim against said estate on a probate bond signed by the intestate as surety for one John Howe, administrator de bonis non of the estate of Tilly Gilbert. 'The commissioners allowed the claim at $2,000, the full penalty of the bond, and their report was returned to the probate court for the district of Eairhaven, and approved and recorded. No other claim was presented against said estate. Carlos S. Sherman, and Rebecca A. Jackman, guardian of Charles Jack-man, neither of whom was licir of…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The right to appeal from the judgment of commissioners on the estates of deceased persons, is given and regulated by chapter 58 of the Gen. Sts. The appellants in this case seek to bring themselves within the provisions of § 27 of this chapter, which provides that when an executor or administrator shall decline to appeal from the decision of the commissioners, any person interested in the estate as creditor, devisee, legatee, or heir, may appeal from such decision in the same manner as the executor or administrator might have done, and the…

2Cited by3 opinions

  1. In the Matter of Estate DelliganSupreme Court of Vermont · 1939
  2. In Re Estate of BoveSupreme Court of Vermont · 1968
  3. O'Brien v. MurphySupreme Court of Minnesota · 1917

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