Davis v. Flint's Estate
Supreme Court of Vermont
Appeal from an order of the probate court for the district of Caledonia accepting the report of commissioners upon the estate of Mary Flint, by which the claim of the plaintiff was disallowed. Trial by court at the June term, 1894, Caledonia county, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. The administrator de bonis of Brainerd Flint’s estate cannot maintain this action. The heirs are the proper parties. Potts v. Smith, 24 Am.
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Appeal from an order of the probate court for the district of Caledonia accepting the report of commissioners upon the estate of Mary Flint, by which the claim of the plaintiff was disallowed. Trial by court at the June term, 1894, Caledonia county, Tyler, J., presiding. Judgment for the plaintiff. The defendant excepts. The administrator de bonis of Brainerd Flint’s estate cannot maintain this action. The heirs are the proper parties. Potts v. Smith, 24 Am. Dec. 359; Sargent v. Kimball, 37 Vt. 323 ; Slaughter v. Froman, 17 Am. Dec. 33 ; Alsop v. Mather, 21 Am. Dec. 703 ; Chamberlain, Admr.,…
1Opinion of the CourtMunson, J.
In 1868, the decedent, Mary Flint, received letters testamentary on the estate of her husband, Brainerd Flint, and thereupon brought a suit as executrix upon a promissory note which was payable to the deceased, and is found to have been his properly. The suit was continued the first term and settled in the succeeding vacation, the executrix receiving the full amount of the note. She returned an inventory of the estate soon after receiving her appointment, and rendered a final account of her administration in June, 1869. She made no return of the note in the *487inventory, and did not account for…
2Cases cited12 opinions
- Probate Court v. VanduzerSupreme Court of Vermont · 1841
- Bank of Orange County v. KidderSupreme Court of Vermont · 1848
- Probate Court v. ChapinSupreme Court of Vermont · 1858
- Davis v. EastmanSupreme Court of Vermont · 1894
- Foss v. SowlesSupreme Court of Vermont · 1890
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3Cited by4 opinions
- In Re Clark's EstateSupreme Court of Vermont · 1927
- Scott, Admr. v. Bradford National BankSupreme Court of Vermont · 1935
- Kemp v. Estate of BrockSupreme Court of Vermont · 1923
- Probate Court v. Indemnity Insurance Co. of North AmericaSupreme Court of Vermont · 1934