Legal Opinion

Tracy v. Hutchins

Supreme Court of Vermont

Decided March 15, 1863Published

Appeal from Chancery. The oratrix, Jerusha Tracy, alleged in substance, that she was the daughter of Elijah Tracy, who, when old and infirm, being desirous of providing support and a home for himself and wife and daughter, and also of being relieved from the labor and trouble of carrying on his farm, entered into an agreement with one Ebenezer Colburn, by the terms of which he was to convey to Colburn one-half of his farm, and permit him to carry on the bther half, and in…

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Appeal from Chancery. The oratrix, Jerusha Tracy, alleged in substance, that she was the daughter of Elijah Tracy, who, when old and infirm, being desirous of providing support and a home for himself and wife and daughter, and also of being relieved from the labor and trouble of carrying on his farm, entered into an agreement with one Ebenezer Colburn, by the terms of which he was to convey to Colburn one-half of his farm, and permit him to carry on the bther half, and in consideration thereof, Colburn was to maintain and support him and his wife during their natural lives ; and op the 6th of…

1Opinion of the CourtBarrett, J.

The written contract of July 16th, 1820, lies at the foundation of the respective rights and liabilities of the parties to this suit. The deed from Colburn to Colby of July 17th, 1820, and the lease from Colby to Elijah Tracy of the 11th of March, 1825, were made in pursuance of, and were designed to effectuate, certain provisions of said agreement. They do not constitute the agreement, nor do they control its effect. They may, in certain aspects of the case, constitute evidence tending *231to aicl the construction, and indicate the effect to 'he given to that written contract, where doubt as to…

2Cases cited2 opinions

  1. Dunklee v. AdamsSupreme Court of Vermont · 1848
  2. Olcott v. DunkleeSupreme Court of Vermont · 1844

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