Legal Opinion

Gourley v. Woodbury

Supreme Court of Vermont

Decided August 15, 1869PublishedCited by 2 opinions

Tfiis was a petition for partition of real estate. At the March term, 1869, Peck, J., presiding, the action was entered, and the question as to the right and title of the respective parties in the premises was tried, on an agreed statement of facts in writing. The petitioner claimed to be the owner of one undivided fifth part of the premises, and the petitionees insisted that the petitioner had no right, title or interest in the premises.

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Tfiis was a petition for partition of real estate. At the March term, 1869, Peck, J., presiding, the action was entered, and the question as to the right and title of the respective parties in the premises was tried, on an agreed statement of facts in writing. The petitioner claimed to be the owner of one undivided fifth part of the premises, and the petitionees insisted that the petitioner had no right, title or interest in the premises. The court decided that the petitioner was the owner of one undivided-fifth of the premises, and rendered judgment that partition be made accordingly, and…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

I. The deed of March 13,-1847, from William Woodbury and Wife, conveys the “river farm” to George Worthington in trust, for the use of the said Mary during her life time, “ and at the decease of said Mary, the said land and premises to be and become the property of the five children of the said William and Mary and their legal representatives in equal shares. The said premises to be held by the said trustee and his successors until the decease of the said Mary." At the date of the deed one of the five children was already deceased. His son…

2Cases cited1 opinion

  1. Dingley v. DingleyMassachusetts Supreme Judicial Court · 1809

3Cited by2 opinions

  1. Bunting v. SpeekSupreme Court of Kansas · 1889
  2. Gourley v. WoodburySupreme Court of Vermont · 1870

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