Clement v. Hyde
Supreme Court of Vermont
[In Chancery.] Appeal from the Court of Chancery. On July 23, 1869, the orator, as the executor of the will of David Poor, then lately deceased, paid the defendant, then and still the treasurer of Orange County, the sum of $1,000 in payment of a bequest as follows: I give the use, interest, and income, after my decease, the sum of one thousand dollars in cash, to the treasurer of the County of Orange and his successors in office ; the income of said one thousand dollars to…
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[In Chancery.] Appeal from the Court of Chancery. On July 23, 1869, the orator, as the executor of the will of David Poor, then lately deceased, paid the defendant, then and still the treasurer of Orange County, the sum of $1,000 in payment of a bequest as follows: I give the use, interest, and income, after my decease, the sum of one thousand dollars in cash, to the treasurer of the County of Orange and his successors in office ; the income of said one thousand dollars to be expended in the education of the scholars of poor people in the County of Orange. At the June Term, 1875, the orator,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
This case stands upon bill and answer. The orator is the executor of the will of David Poor, and in the performance of his duties as such, July 23, 1859, paid to the defendant, then and now treasurer for the County of Orange, one thousand dollars in satisfaction of a bequest of the testator. He has not closed the administration of the estate of David Poor in the Probate Court, and now asserts that the bequest of this one thousand dollars is incapable of execution for indefiniteness, and asks the Court of Chancery to decree tlie restoration of…
2Cases cited3 opinions
- Executors of Burr v. SmithSupreme Court of Vermont · 1835
- Button v. American Tract SocietySupreme Court of Vermont · 1851
- McAllister v. McAllister's HeirsSupreme Court of Vermont · 1873
3Cited by14 opinions
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- Grant v. SaundersSupreme Court of Iowa · 1903
- Haynes v. CarrSupreme Court of New Hampshire · 1900
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