Freeman v. Holt
Supreme Court of Vermont
Appeal from the Court of Chancery. The bill, the material allegations of which appear from the opinion of the court, was brought to compel the defendant, as administrator de bonis non of the estate of David H. Sumner, deceased, to pay the sum due on a note given by Benjamin H. Steele, deceased, executor of said Sumner’s will, in settlement of a claim against the estate of said Sumner, or to procure said claim to be placed on the list of claims allowed by the commissioners…
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Appeal from the Court of Chancery. The bill, the material allegations of which appear from the opinion of the court, was brought to compel the defendant, as administrator de bonis non of the estate of David H. Sumner, deceased, to pay the sum due on a note given by Benjamin H. Steele, deceased, executor of said Sumner’s will, in settlement of a claim against the estate of said Sumner, or to procure said claim to be placed on the list of claims allowed by the commissioners for the allowance of claims against said estate. The defendant demurred; and the cause was heard on bill and demurrer at…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The material facts confessed by the demurrer are, that the orator and his brother, since deceased, as partners, had a claim against the estate of David H. Sumner, of which the late B. H. Steele was executor; that they presented it to the commissioners for allowance, and the estate presented a counter claim ; that some portions of the claims which rested in account had n.ot been fully and definitely ascertained at the time of the last session of the commissioners, and, that the return of their report to the Probate Court might not be delayed, at…
2Cases cited1 opinion
- Dickey v. CorlissSupreme Court of Vermont · 1868
3Cited by3 opinions
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Hurlburt Bros. v. HindeSupreme Court of Vermont · 1913
- Vermont-Peoples' National Bank v. Robbins' EstateSupreme Court of Vermont · 1933