Legal Opinion

Short v. Moore

Supreme Court of Vermont

Decided February 15, 1838PublishedCited by 8 opinions

This was a trustee process. The said James S. Moore disclosed that this, and other processes of the same kind, were served upon him, on the 28th day of January, 1834, that he was previously, on the same day, appointed administrator of the estate of Dayid Comstock, of which estate the wife of the principal debtor was one of the heirs; that he closed the settlement of said estate, at a probate court, holden on the 25th day of April, 1837, and that said estate then became…

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This was a trustee process. The said James S. Moore disclosed that this, and other processes of the same kind, were served upon him, on the 28th day of January, 1834, that he was previously, on the same day, appointed administrator of the estate of Dayid Comstock, of which estate the wife of the principal debtor was one of the heirs; that he closed the settlement of said estate, at a probate court, holden on the 25th day of April, 1837, and that said estate then became subject to distribution among the several heirs. Upon this disclosure, the county court adjudged, that the said Moore was not…

1Opinion of the Court

The opinion of the Court was delivered by

Redeield, J.

In this case, the plaintifi claims by this process to hold the interest of the wife, in her ancestor’s estate, before decree of distribution, upon the husband’s debt. The statute in this state has removed all difficulty, in sustaining this process against executors or administrators, in all cases where the right of the principal debtor is such, that the creditor is entitled to attach in any form.

In this case we think no such right exists in the husband.

1. There has been no decree of distribution, which is indispensable to any right of…

2Cited by8 opinions

  1. Barron v. BarronSupreme Court of Vermont · 1852
  2. Lippett v. KelleySupreme Court of Vermont · 1874
  3. Island Pond National Bank v. ChaseSupreme Court of Vermont · 1928
  4. Pugh v. JonesSupreme Court of Iowa · 1907
  5. Husted v. StoneSupreme Court of Vermont · 1896

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