Sargent v. Burton
Supreme Court of Vermont
Appeal in chancery. Heard on master’s report and exceptions thereto at the June Term, 1901, Windsor County, Start, Chancellor, presiding. Decree overruling the exceptions and dismissing the bill. The orators appealed. The bill is brought by Prosper B. Slack’s heirs-at-lavv and the representatives of such, against Edna Burton, grantee, and Charles B. Stone, administrator of said Slack.
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Appeal in chancery. Heard on master’s report and exceptions thereto at the June Term, 1901, Windsor County, Start, Chancellor, presiding. Decree overruling the exceptions and dismissing the bill. The orators appealed. The bill is brought by Prosper B. Slack’s heirs-at-lavv and the representatives of such, against Edna Burton, grantee, and Charles B. Stone, administrator of said Slack. The statements made by Prosper B. Slack to the different witnesses relative to his trade with Mrs. Burton, should have been excluded. They were received as evidence that such a trade had been made. This should…
1Opinion of the CourtRowell, J.
This is a bill to set aside a deed from father to daughter, and an agreement between them for his life support by her, made at the same time and as a part of the same transaction, for that he had not sufficient mental capacity to execute them.
The master admitted testimony to show that soon after the transaction, the grantor said he had made a trade with his daughter to take care of him; that she was coming up to take care of him during life; and that he had given her all he had except his team, which he was going to have himself.
It does not appear for what purpose this testimony was admitted.…
2Cases cited5 opinions
- Story v. LivingstonSupreme Court of the United States · 1839
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
- Chickering ex rel. Hartshorn v. BrooksSupreme Court of Vermont · 1889
- Byington v. WoodNew York Court of Chancery · 1828
- Martin v. Town of WellsSupreme Court of Vermont · 1871
3Cited by9 opinions
- In re Esterbrook's WillSupreme Court of Vermont · 1910
- Royce v. CarpenterSupreme Court of Vermont · 1907
- Fife v. CateSupreme Court of Vermont · 1912
- In re Estate of MartinSupreme Court of Vermont · 1918
- Allen's Admr. v. Allen's Admr.Supreme Court of Vermont · 1906
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