Probate Court v. Merriam
Supreme Court of Vermont
A full statement of this case is comprised in the opinion of the court. It is said in Starkie’s Evidence, vol. 1, p. 252,93d sec. “a judgment, decree or sentence may be impeached by proof that such judgment never existed, or was void ab initio; secondly, that it was fraudulent and covinous; and thirdly, that it has been revoked.
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A full statement of this case is comprised in the opinion of the court. It is said in Starkie’s Evidence, vol. 1, p. 252,93d sec. “a judgment, decree or sentence may be impeached by proof that such judgment never existed, or was void ab initio; secondly, that it was fraudulent and covinous; and thirdly, that it has been revoked. The plaintiff in this case offered to prove by parol evidence, that the settlement of his account was fraudulent and covinous ; and it is a well settled rule of law and equity, that fraud is an extrinsic, collateral act, which vitiates all transactions, even the most…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
'This is an action on a probate bond, executed by the defendant as surety for Isaac Hill and Olive Barnes, executors of the will of Moses Barnes, deceased. Olive Barnes, it appears, declined and Isaac Hill was the sole acting executor. The prosecutors, .Zenas Frisbee and Wife, are legatees in the will. Several breaches of the bond are assigned, some of which it will be proper to mention, as on the trial of the issues which were found, whether the executor had rendered a true account of his ■administration and had fully administered, the…
2Cases cited1 opinion
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- Harris v. Harris's EstateSupreme Court of Vermont · 1909
- McEwen v. FletcherSupreme Court of Iowa · 1914
- Lyon v. OsgoodSupreme Court of Vermont · 1886
- Judge of Probate v. SullowaySupreme Court of New Hampshire · 1896
- Davis v. EastmanSupreme Court of Vermont · 1894
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