Arnold v. Estate of Brooks
Supreme Court of Vermont
This was an appeal from commissioners’ allowance of a claim in favor of Sprague Arnold, against the estate of Timothy Brooks. The appeal being entered on the docket of. this court, Ziba Sprague Administrator of Timothy Brooks filed a motion to ■dismiss the same for the alleged cause that no bond was filed to indemnify said estate. Sprague Arnold also filed a motion to dismiss. It appeared that the appeal was taken by Waldo against the will of the administrator of Brooks.
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This was an appeal from commissioners’ allowance of a claim in favor of Sprague Arnold, against the estate of Timothy Brooks. The appeal being entered on the docket of. this court, Ziba Sprague Administrator of Timothy Brooks filed a motion to ■dismiss the same for the alleged cause that no bond was filed to indemnify said estate. Sprague Arnold also filed a motion to dismiss. It appeared that the appeal was taken by Waldo against the will of the administrator of Brooks. On hearing of said motions, it appeared that only one bond was filed by the appellant on taking the appeal, and that was to…
1Opinion of the Court
Barrett, J.,
The statute prescribes the steps to be taken in order to constitute the taking of an appeal from the decisions of the probate court, or from the decision and report of the commissioners on estates appointed by the probate court. Sec, 27, ch. 52, Comp. St., contains the provision for taking an appeal in such a case as the one now before us, and requires that “ the person appealing in such case shall, before such appeal shall be allowed, give a bond, as well to secure the estate from damages and costs, as to secure the intervening damages and costs to the adverse party.” This…
2Cases cited1 opinion
- Downing v. PorterMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- In Re Estate of EverettSupreme Court of Vermont · 1941
- In the Matter of Estate DelliganSupreme Court of Vermont · 1939
- Hammers v. SandersMissouri Court of Appeals · 1904
- Lambert v. Merrill's Est.Supreme Court of Vermont · 1884