Stearns v. Administrator of Stearns
Supreme Court of Vermont
Appeal from the decision of commissioners on the estate of Sarah Stearns, deceased. The facts in the case sufficiently appear from the opinion of the court. 1. The plaintiff’s plea to the declaration in offset is sufficient. The plea alleges that the notes became and were the property of the husband during the wife’s lifetime. This is admitted by the demurrer.
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Appeal from the decision of commissioners on the estate of Sarah Stearns, deceased. The facts in the case sufficiently appear from the opinion of the court. 1. The plaintiff’s plea to the declaration in offset is sufficient. The plea alleges that the notes became and were the property of the husband during the wife’s lifetime. This is admitted by the demurrer. A note payable to the wife does not belong to her administrator if the husband survives the wife, unless the consideration of it was the wife’s real estate. 12 Pick. 173 ; 8 Mass. 229 ; 1 East 432 ; 17 Vt. 626; 2 Conn. 566; 24 Vt. 121.…
1Opinion of the Court
The opinion of the court was delivered by
Aldis, J.
The plaintiff presented his claim on book account before the commissioners on the estate of Sarah Stearns. The defendant, administrator of Sarah Stearns, in compliance with the 10th section of chapter 52 of the Compiled Statutes, also exhibited the claims of the deceased in offset to the claims of the plaintiff. *215Upon the coming in of the commissioners’ report, the plaintiff appealed from their decision, allowing the offset of the defendant, to the county court. The effect of such appeal was to vacate the decision of the commissioners both as…
2Cases cited3 opinions
- Wilson v. BatesSupreme Court of Vermont · 1856
- Driggs v. AbbottSupreme Court of Vermont · 1854
- Lyon v. AdamsSupreme Court of Vermont · 1852
3Cited by7 opinions
- Wetmore & Morse Granite Co. v. RyleSupreme Court of Vermont · 1919
- Bartlett v. BoydSupreme Court of Vermont · 1861
- Witters v. SowlesUnited States Circuit Court · 1887
- Woodbury v. Woodbury's EstateSupreme Court of Vermont · 1875
- Thorp v. Thorp's EstateSupreme Court of Vermont · 1902
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