Warner's Admr. v. Bronson
Supreme Court of Vermont
Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, 'at the June Term, 1907, Windsor County, Waterman, Chancellor.
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Appeal in Chancery. Heard on the pleadings, master’s report and exceptions thereto, 'at the June Term, 1907, Windsor County, Waterman, Chancellor. Decree that defendant pay the petitioner on or before a specified day the sum found to be the proportionate amount of the unpaid legacies chargeable on her homestead, with interest and costs, or be forever barred of all equity of redemption in the premises; and that defendant be forever enjoined from prosecuting her action of ejectment against orator’s tenant. The defendant appealed. • Asahel W. Warren died testate in June, 1870, owning the real…
1Opinion of the CourtWatson, J.
The defendant Mary A. Bronson insists in her answer by way of demurrer that there is no equity in the bill, and that the orator has an adequate remedy at law. This demurrer on hearing before trial on the merits was overruled and the bill adjudged sufficient. The same questions are presented by her here on appeal, but inasmuch as the master’s report shows substantially the same material facts as are alleged in the bill, and the same questions are raised thereon, the rights of the defendant are fully considered and determined on the merits.
No claim is made but that by the gift of the use of all…
2Cases cited16 opinions
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Jones v. KnappenSupreme Court of Vermont · 1891
- Royce v. CarpenterSupreme Court of Vermont · 1907
- Stoddard v. Van BussumNew Jersey Court of Chancery · 1898
- Tucker's Will v. Admr. of Tucker's EstateSupreme Court of Vermont · 1890
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3Cited by6 opinions
- Russian v. LipetSupreme Court of Rhode Island · 1968
- In Re Will of MansurSupreme Court of Vermont · 1925
- In Re Peck's EstateSupreme Court of Vermont · 1929
- Bell v. NesmithMassachusetts Supreme Judicial Court · 1914
- Boyd v. Town of HartfordSupreme Court of Vermont · 1942
1 more not listed; retrieve them via the Exa API.