Brown v. Brown
Supreme Court of Vermont
Appeal from the probate court. The plaintiff claimed that certain advancements had been made by James Brown, father of the parties, to the defendants, Abel Brown and William Brown, which should be reckoned towards their share in their father's estate. Trial by jury.
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Appeal from the probate court. The plaintiff claimed that certain advancements had been made by James Brown, father of the parties, to the defendants, Abel Brown and William Brown, which should be reckoned towards their share in their father's estate. Trial by jury. The plaintiff, to prove that such advancements had been made, offered in evidence a book, in which were the following entries in the hand writing of the said James Brown, viz : “ April, 1833. Property delivered to Wm. and Abel Brown, viz : Notes, - $200.00 Two oxen sold for beef, - - 80.00 One steer to J. P. Ladd, - - 35.00 Wheat…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
We are agreed, in this case, that the judgment of the county court must be reversed, though we are not so far agreed on all the points made as to decide them at this time. We think the book should have been received in evidence, and submitted to the jury, as evidence of an advancement pro tanto. The statute in force at the death o'f the intestate was similar to an act passed in Massachusetts in 1783, and is as follows : “’That if -any heir shall have been advanced by the intestate, such advancement shall be reckoned to the share of such…
2Cases cited3 opinions
- Quarles v. QuarlesMassachusetts Supreme Judicial Court · 1808
- Newell v. NewellSupreme Court of Vermont · 1841
- Scott v. ScottMassachusetts Supreme Judicial Court · 1805
3Cited by4 opinions
- In Re the Estate of HayneCalifornia Supreme Court · 1913
- Wheeler v. Wheeler's EstateSupreme Court of Vermont · 1874
- Weatherhead v. FieldSupreme Court of Vermont · 1854
- Fellows v. LittleSupreme Court of New Hampshire · 1865