Legal Opinion

In re Hodges' Estate

Supreme Court of Vermont

Decided July 1, 1893PublishedCited by 10 opinions

This was an appeal from a decree of the probate court •settling the account of Smith ITodges, trustee. Heard at the December term, 1892, Windsor county, upon the report ■of a commissioner and exceptions thereto, Tyler, J., presiding. Judgment that the report be accepted, and that nothing is due from the said Smith Hodges, trustee. The «state of Polly Hodges, appellant, excepts.

Read the full summary

This was an appeal from a decree of the probate court •settling the account of Smith ITodges, trustee. Heard at the December term, 1892, Windsor county, upon the report ■of a commissioner and exceptions thereto, Tyler, J., presiding. Judgment that the report be accepted, and that nothing is due from the said Smith Hodges, trustee. The «state of Polly Hodges, appellant, excepts. Edmund Hodges died February 22, 1864, leaving a will of which Smith Hodges was appointed executor by the probate court. March n, 1867, said executor settled his account in the probate court, and there was found upon…

1Opinion of the CourtThompson, J.

It was held in this case, reported in 63 Vt. 661, that after the ascertainment of the amount of the residuum of the estate of Edmund Hodges, and the decree of the probate court leaving it in the hands of Smith Hodges, the executor, to be applied to the use of the widow, Polly Hodges, in accordance with the provisions of the will, the executor was under the obligations,of a trustee as completely as if so named in the will and appointed by the court. On this basis he is to account for the income of the trust fund, to which the widow was entitled.

The executor contends that he should not be…

2Cases cited3 opinions

  1. McCloskey v. GleasonSupreme Court of Vermont · 1883
  2. In re Hodges' EstateSupreme Court of Vermont · 1891
  3. Farwell v. SteenSupreme Court of Vermont · 1874

3Cited by10 opinions

  1. William C. Forbes and Julia Forbes, Trustees of the Beckton Ranch Trust U/A/D April 1, 1920Wyoming Supreme Court · 2015
  2. Ellison v. SchusterArizona Supreme Court · 1929
  3. Bowden v. Citizens Loan & Trust Co.Supreme Court of Minnesota · 1935
  4. Waldo E. Forbes v. William C. Forbes Julia Forbes Edith L. Forbes and Donald C. Bingham, individually and in their capacity as Trustees of the Beckton Ranch Trust U/A/D April 1, 1920Wyoming Supreme Court · 2022
  5. In re the Judicial Settlement of the Account of the Proceedings of Union Trust Co.New York Surrogate's Court · 1914

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API