Legal Opinion

Child v. Pinney

Supreme Court of Vermont

Decided July 27, 1908PublishedCited by 5 opinions

Appeal in Chancery, two eases. Heard on the pleadings and master’s joint report at the June Term, 1907, Addison County, Taylor, Chancellor. Decree dismissing the bills with costs. The orators appealed. The parties in each suit are the same. The two deeds in question were executed by H. Emily Bowditch, who died November 2, 1899. The orator Willis B. Child is her nephew, and the oratrix Harriet Child Crysler is her niece, and those two are her next of kin and heirs at law.

Read the full summary

Appeal in Chancery, two eases. Heard on the pleadings and master’s joint report at the June Term, 1907, Addison County, Taylor, Chancellor. Decree dismissing the bills with costs. The orators appealed. The parties in each suit are the same. The two deeds in question were executed by H. Emily Bowditch, who died November 2, 1899. The orator Willis B. Child is her nephew, and the oratrix Harriet Child Crysler is her niece, and those two are her next of kin and heirs at law. The orator Charles S. Crysler is the "husband of said Harriet. Louisa B. Drake is a cousin of said H. Emily, and defendant…

1Opinion of the CourtWatson, J.

The orators seek to have certain deeds set aside and cancelled on the grounds that the grantor was mentally incapable of executing them and that they were obtained from her through fraud and undue influence. The special master found that the grantor at the time of the execution of the deeds was an “aggressive,” “capable, strong minded intelligent business woman,” “of sound mind and memory and capable of entering into a valid and binding contract”; that she was fully aware of the effect of the execution and delivery of the deeds, and knew perfectly what would be the result thereof; and that…

2Cited by5 opinions

  1. Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
  2. Barber v. BaileySupreme Court of Vermont · 1912
  3. Thompson-Starrett Co. v. E. B. Ellis Granite Co.Supreme Court of Vermont · 1912
  4. Landon v. HuntSupreme Court of Vermont · 1909
  5. Whitcomb v. WhitcombSupreme Court of Vermont · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API