Est. of White v. Est. of White
Supreme Court of Vermont
Appeal from probate. Declaration, tbe common counts in assumpsit. Pleas, tbe general issue witb notice and statute of limitations. Heard on tbe report of a referee at tbe September Term, 1896, Chittenden County, Tyler, J., presiding.
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Appeal from probate. Declaration, tbe common counts in assumpsit. Pleas, tbe general issue witb notice and statute of limitations. Heard on tbe report of a referee at tbe September Term, 1896, Chittenden County, Tyler, J., presiding. Adeline White died in October, 1890, and Hiram in June, 1893. After tbe death of Adeline and before tbe death of Hiram, her estate was settled by her administrator who investigated this claim against Hiram and declined to prosecute it unless indemnified by tbe heirs. In tbe settlement and distribution of her estate, Hiram received his portion as an heir and no…
1Opinion of the CourtStart, J.
It appears from the referee’s report that Hiram *362S. White and Adeline White were brother and sister. In March, 1886, Adeline was ill, and her condition was such that she deemed it prudent to make her will, and to dispose of two notes she held against Hiram. She made her will and delivered the notes to Hiram to dispose of as he saw fit, and he destroyed them. Adeline intended the notes should not be a part of her estate to be distributed under her will, and that Hiram should be released from the payment of any part of the principal, and from paying the interest thereon in the event of her…
2Cases cited3 opinions
- Dennis v. StoughtonSupreme Court of Vermont · 1883
- Lyndon Granite Co. v. FarrarSupreme Court of Vermont · 1880
- Cutting v. Estate of EllisSupreme Court of Vermont · 1894
3Cited by3 opinions
- Camp v. BarberSupreme Court of Vermont · 1913
- Gordon's Admr. v. HotchkissSupreme Court of Vermont · 1909
- Pollard v. BarrowsSupreme Court of Vermont · 1904