Legal Opinion

In re Woodward's Estate

Supreme Court of Vermont

Decided January 26, 1906PublishedCited by 13 opinions

Appead from the final decree of the'Probate Court distributing the estate of Julia F. Woodward. She deceased at Westminster, September 29, 1899, leaving a will which was duly probated by the Probate Court within and for the district of Westminster in the State of Vermont, on the third day of February, 1900. Ira B. Holton, Abbie I. Buck, and Anna O. Phelps, who were heirs at law of the deceased and also legatees under said will, appealed from the probate and allowance of said…

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Appead from the final decree of the'Probate Court distributing the estate of Julia F. Woodward. She deceased at Westminster, September 29, 1899, leaving a will which was duly probated by the Probate Court within and for the district of Westminster in the State of Vermont, on the third day of February, 1900. Ira B. Holton, Abbie I. Buck, and Anna O. Phelps, who were heirs at law of the deceased and also legatees under said will, appealed from the probate and allowance of said will, which appeal is dated February 8, 1900. The cause was tried by jury at the September Term, 1901, of Wind-ham…

1Opinion of the CourtMunson, J.

The case calls for a determination of the time from which interest should be allowed on legacies given without testamentary provision governing the allowance. The final allowance of the will which gave the legacies in suit was' delayed by an appeal from the decree of the Probate Court and the taking of exceptions to the Supreme Court. The county court allowed interest after the expiration of one year from the time when the will was finally established.

This Court has undertaken to state the rule governing the allowance of interest on legacies in two cases of comparatively recent date —…

2Cases cited4 opinions

  1. In Re the Judicial Accounting of McGowanNew York Court of Appeals · 1891
  2. Trustees of Bradford Academy v. GroverSupreme Court of Vermont · 1883
  3. Smith v. MooreSupreme Court of Vermont · 1853
  4. Vermont State Baptist Convention v. LaddSupreme Court of Vermont · 1886

3Cited by13 opinions

  1. State Bank of Chicago v. GrossIllinois Supreme Court · 1931
  2. Williams v. SmithTexas Supreme Court · 1947
  3. In re Peck's EstateSupreme Court of Vermont · 1922
  4. Smullin v. WhartonNebraska Supreme Court · 1909
  5. Geraghty v. RandalsCourt of Appeals of Texas · 1949

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