Abell v. Howe
Supreme Court of Vermont
Bill in chancery. The object of the bill was to reach certain trust funds which had been wrongfully perverted. The defendants filed answers which were traversed and testimony was taken tending to support the allegations of the bill and answers. At the September term, 1870, Wheeler, chancellor, the bill was proforma dismissed, from which the orator appealed.
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Bill in chancery. The object of the bill was to reach certain trust funds which had been wrongfully perverted. The defendants filed answers which were traversed and testimony was taken tending to support the allegations of the bill and answers. At the September term, 1870, Wheeler, chancellor, the bill was proforma dismissed, from which the orator appealed. The clause of the will making the bequest in question was as follows: ~~ The remaining fourth part of said residue and remainder it is my will should remain in the hands of my two executors, and in the hands of the survivor.of them and…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The bill states that the testator, Tilly Gilbert, made a bequest of one fourth part of the residue of his property to his executors in trust for his son James Jervis Gilbert. That Zimri Howe, the sole acting executor, paid all the debts and legacies of the testator except this provision for James Jervis Gilbert; that on the 29th of March, 1864, John Howe was appointed administrator de bonis non of the estate of Tilly Gilbert with the will annexed; and that, on the 15th of June, 1864, at the request of James Jervis Gilbert, he purchased with…
2Cases cited2 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Hackett v. CallenderSupreme Court of Vermont · 1859
3Cited by11 opinions
- VT AGENCY OF NATURAL RESOURCES v. TownsSupreme Court of Vermont · 1998
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Lamoille County Savings Bank & Trust Co. v. BeldenSupreme Court of Vermont · 1916
- Veile v. BlodgettSupreme Court of Vermont · 1877
- Brown v. EvartsSupreme Court of Vermont · 1969
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