Legal Opinion

Davis v. Eastman

Supreme Court of Vermont

Decided January 15, 1894PublishedCited by 11 opinions

Bill in equity. Heard upon general demurrer at the June term, 1893, Caledonia county. Ross, Chancellor, sustained the demurrer and dismissed the bill. The orator appeals. The probate court has no power over its decrees after twenty years. Smith v. Rix, 9 Vt. 240; Adams v. Adams, 21 Vt. 162. The decree of the probate court in 1869 was obtained by the fraud of the intestate, therefore equity can interfere.

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Bill in equity. Heard upon general demurrer at the June term, 1893, Caledonia county. Ross, Chancellor, sustained the demurrer and dismissed the bill. The orator appeals. The probate court has no power over its decrees after twenty years. Smith v. Rix, 9 Vt. 240; Adams v. Adams, 21 Vt. 162. The decree of the probate court in 1869 was obtained by the fraud of the intestate, therefore equity can interfere. Green v. Sargent, 23 Vt. 466; Abell v. Howe, 43 Vt. 403 ; Griffith v. Gody, 113 U. S. 89 ; Black v. Whitall, 9 N. J. Eq. 572 ; Sto., Eq. Jur., s. 187. Equity has no jurisdiction. If the…

1Opinion of the CourtMunson, J.

This bill is brought by the administrator de bonis non of the estate of Brainerd Flint, who died in 1868, against the executor of the will of Mary Flint, who was the wife of Brainerd and died in 1892. Mary Flint served as executrix of Brainerd Flint’s will, and rendered an account to the probate court in 1869. The bill charges that she concealed a large part of the estate which came into her hands, and made no account of it in her settlement with the probate court; and states that the heirs made diligent inquiry in regard to the estate, but failed to learn of the fraud of the executrix until…

2Cases cited5 opinions

  1. Rix v. Heirs of SmithSupreme Court of Vermont · 1836
  2. Drake v. WildSupreme Court of Vermont · 1893
  3. Kimball v. IvesSupreme Court of Vermont · 1845
  4. Probate Court v. MerriamSupreme Court of Vermont · 1836
  5. Bigelow v. CatlinSupreme Court of Vermont · 1878

3Cited by11 opinions

  1. Domestic & Foreign Missionary Society, Protestant Episcopal Church v. EellsSupreme Court of Vermont · 1896
  2. In Re Estate of CurtisSupreme Court of Vermont · 1937
  3. Gatch v. SimpsonOregon Supreme Court · 1901
  4. In Re Warner's EstateSupreme Court of Vermont · 1925
  5. O'Rourke v. ClearySupreme Court of Vermont · 1932

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