Bacon v. Bacon
Supreme Court of Vermont
Bill in chancery. Heard on demurrer, June Term, 1882, Caledonia County. Ross, Chancellor, dismissed the bill. The bill, among other things, alleged: “ The orator further says that between the making of said will and said codicil he (the orator) had been guilty of conduct which had not been pleasing to his father (the testator) ; and that in making said codicil the testator did not intend to cut off said legacies given in the will to the orator, but merely to have the same…
Read the full summary
Bill in chancery. Heard on demurrer, June Term, 1882, Caledonia County. Ross, Chancellor, dismissed the bill. The bill, among other things, alleged: “ The orator further says that between the making of said will and said codicil he (the orator) had been guilty of conduct which had not been pleasing to his father (the testator) ; and that in making said codicil the testator did not intend to cut off said legacies given in the will to the orator, but merely to have the same held in trust till the conduct of the orator was worthy. The orator says that before his father’s death and ever since he…
1Opinion of the Court
The opinion of the court was delivered by
Rowell, J.
The bill alleges that the estate of the testator is still unsettled in the Probate Court. It contains no allegation that said estate, or any part thereof, has ever come into the possession and control of the said Delos in such a manner that he could, if he would, pass the same over to the orator as prayed. Por aught that the bill discloses, all the estate may be needed for the payment of debts and administration expenses. It is obvious *247that Delos cannot be called upon to act in the premises until the property has so come to him that it is…
2Cases cited4 opinions
- Lines v. DardenSupreme Court of Florida · 1853
- Ireland v. . IrelandNew York Court of Appeals · 1881
- Wetmore v. ScovellNew York Court of Chancery · 1842
- Town of Sharon v. SimonsSupreme Court of Vermont · 1857
3Cited by4 opinions
- Keating v. KeatingSupreme Court of Iowa · 1917
- Weatherhead v. StoddardSupreme Court of Vermont · 1886
- North Troy Graded School District v. Town of TroySupreme Court of Vermont · 1907
- In Re Trusteeship of CoolSupreme Court of Iowa · 1930