Giddings v. Munson
Supreme Court of Vermont
Ejectment for land in Manchester. The plaintiff derived title under the will of Job Glddings, his father, who died legally seized and possessed of the premises in question, as part of his home farm, in June, A. D. 1816. In April, A. D. 1816, the said Job made his will, and thereby devised to the plaintiff one equal seventh part of all his estate, real and personal, which should remain after payment of debts, and certain legacies to a smalt amount, with the charges of…
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Ejectment for land in Manchester. The plaintiff derived title under the will of Job Glddings, his father, who died legally seized and possessed of the premises in question, as part of his home farm, in June, A. D. 1816. In April, A. D. 1816, the said Job made his will, and thereby devised to the plaintiff one equal seventh part of all his estate, real and personal, which should remain after payment of debts, and certain legacies to a smalt amount, with the charges of settling his estate. He also devised a seventh part to each of his other sis children, and appointed Eliphalet’Wells, the…
1Opinion of the Court
Ajier argument, the opinion of the Court was delivered hy
Royce, J.
The whole of the testator’s home farm, which includes the premises in question, was by the will to belong to Eliphalet Wells and his wife, provided he should, within a reasonable time, to be limited by the judge of probate, pay to the other devisees what her share fell short of the appraised value of said farm. And to show that Wells did thus acquire the title to himself and his wife, at least,as against the plaintiff, the defendant relies on the transaction evidenced by the order and receipt of Nov. 27th, A. D. 1817, as…
2Cases cited3 opinions
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
- Couch v. MeekerSupreme Court of Connecticut · 1817
- Kellogg v. MauncyNew York Supreme Court · 1807
3Cited by2 opinions
- Winn v. ChamberlinSupreme Court of Vermont · 1859
- Powers v. Rutland RailroadSupreme Court of Vermont · 1914