Bancroft v. Vail
Supreme Court of Vermont
Appeal in Chancery. Bill to enjoin the defendant from waiving the provisions of his deceased wife’s will. Heard on the pleadings and testimony at the September Term, 1919, Washington County, Stanton, Chancellor. Decree dismissing the bill with costs. The plaintiffs appealed. The opinion states the case.
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Appeal in Chancery. Bill to enjoin the defendant from waiving the provisions of his deceased wife’s will. Heard on the pleadings and testimony at the September Term, 1919, Washington County, Stanton, Chancellor. Decree dismissing the bill with costs. The plaintiffs appealed. The opinion states the case. The ease of the plaintiff as made by his bill, and so far as there are findings of fact established by the findings, presents such a case as entitles the plaintiff to relief in equity. Pinney v. Felloius, 15 Vt. 525; Barron v. Barron, 24 Vt. 375; Richardson v. Merrill’s Est., 32 Vt. 27;…
1Opinion of the CourtWatson, C. J.
When this ease was here before -the bill, challenged by demurrer, was held insufficient and the cause remanded, as reported in 91 Vt. 266, 99 Atl. 1014. An amended bill was then filed, answer made, issue joined, the cause heard and facts found by the chancellor. Thereon a decree was rendered dismissing the bill with costs to the defendant, and on appeal the case is here for review.
It was essential to the plaintiff’s case, as made by his bill, to show that some years ago (alleged as in 1886) defendant left, deserted, and abandoned his wife, the testatrix, and that about the same time he…
2Cases cited3 opinions
- State v. RyderSupreme Court of Vermont · 1908
- Comstock's Admr. v. JacobsSupreme Court of Vermont · 1915
- Bancroft v. VailSupreme Court of Vermont · 1917
3Cited by2 opinions
- Miles v. Vermont Fruit Co.Supreme Court of Vermont · 1924
- State v. FairbanksSupreme Court of Vermont · 1929