Bancroft v. Vail
Supreme Court of Vermont
Appeal in Chancery. Heard on demurrer to the bill of complaint, in vacation after the March Term, 1916, Washington County, Butler, Chancellor. Decree, sustaining the demurrer, adjudging the bill insufficient, and dismissing it with costs. Plaintiff appealed. The case is stated in the opinion.
1Opinion of the CourtTaylor, J.
Iran C. Vail died at Montpelier in October, 1914, leaving a will. She was survived by a husband, the defendant, but no children. The plaintiff is her executor and the residuary legatee under the will. He brings this bill individually and as executor seeking to restrain the defendant from exercising his statutory right of waiver. The case was brought on for hearing below on a formal demurrer to the bill. "Without hearing and strictly pro forma, the chancellor allowed the demurrer and dismissed the bill. The case is here on plaintiff’s appeal from- this decree.
The only ground of demurrer…
2Cases cited10 opinions
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Quinn v. ValiquetteSupreme Court of Vermont · 1908
- Watkins v. ChildsSupreme Court of Vermont · 1907
- Dietrich v. HutchinsonSupreme Court of Vermont · 1901
- Alfred v. AlfredSupreme Court of Vermont · 1914
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3Cited by2 opinions
- Corry v. Barre Granite & Quarry Co.Supreme Court of Vermont · 1917
- Bancroft v. VailSupreme Court of Vermont · 1921