Bronson v. Phelps's Estate
Supreme Court of Vermont
Appeal from a decree of the Probate Court. Heard by the court, September Term, 1885, Taft, J., presiding. Decree of the Probate Court affirmed. The case is stated in the opinion. It is clear that the testator, by the words “ children of the said Clarissa,” meant the then living children.
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Appeal from a decree of the Probate Court. Heard by the court, September Term, 1885, Taft, J., presiding. Decree of the Probate Court affirmed. The case is stated in the opinion. It is clear that the testator, by the words “ children of the said Clarissa,” meant the then living children. The clause, under which the petitioner claims, constitutes a bequest to a class, and the law, as settled in every State where the question has been adjudicated, fixes the time when those constituting the class are to be ascertained; and this long settled rule of law excludes the petitioner, as her mother died…
1Opinion of the Court
The opinion of the court was delivered by
Walkeb, J.
Timothy P. Phelps, late of Milton, died in 1864, leaving a will dated October 8, 1863, which was duly probated.
The questions presented for decision arise under the following clause of said will, to wit: “I give to my sister Clarissa Hodges, the sum of two hundred dollars annually, during her life, for her sole and separate use, to be paid to her by the said George Whittemore, or the legal owner or occupant of that part of my home farm situate in said Milton, and I make the payment of the said last mentioned annuity a charge upon the said part…
2Cases cited2 opinions
- Teed v. . MortonNew York Court of Appeals · 1875
- Wheeler v. AllenSupreme Judicial Court of Maine · 1866
3Cited by5 opinions
- Anderson v. WilsonSupreme Court of Iowa · 1912
- In re the Estate of WatsonNew York Surrogate's Court · 1932
- BatesMassachusetts Supreme Judicial Court · 1893
- Ladd v. WhitledgeCourt of Appeals of Texas · 1918
- Clark v. CushingCuyahoga County Probate Court · 1966