Administrator of Seymour v. Beach
Supreme Court of Vermont
This was ejectment for a bouse and lot, in the village of Hinesburgh. Plea, not guilty, and trial by jury. To support the issue on his part, the plaintiff oflered in evidence a letter of administration issued from the office of the probate court in the district of Addison. The defendants objected to the admission of the same, because it was signed by the register only, and not by the judge of probate; and also because it did not appear to have been recorded.
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This was ejectment for a bouse and lot, in the village of Hinesburgh. Plea, not guilty, and trial by jury. To support the issue on his part, the plaintiff oflered in evidence a letter of administration issued from the office of the probate court in the district of Addison. The defendants objected to the admission of the same, because it was signed by the register only, and not by the judge of probate; and also because it did not appear to have been recorded. The court overruled the objection,'and the paper.was admitted. The plaintiff also offered a certificate of his appointment as…
1Opinion of the Court
Williams, J.,
delivered the opinion of the Court. — The objections taken at the trial to the evidence offered to prove that the plaintiff was administrator, were manifestly groundless. The letter of administration from the probate court signed by the register, or the certificate of administration attested by the register, were either of them sufficient and proper evidence for that purpose. The first section of the probate act makes the certificate of administration, attested by the register, legal evidence, and as effectual as the letter of administration made out in due form. Moreover, it was…
2Cases cited4 opinions
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
- Clapp v. BeardsleySupreme Court of Vermont · 1828
- Jackson ex dem. Mapes v. FrostNew York Supreme Court · 1810
- Nichols v. HolgateSupreme Court of Vermont · 1826
3Cited by8 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Drennan v. BunnIllinois Supreme Court · 1888
- Ellis v. HowardSupreme Court of Vermont · 1845
- Cox v. HallSupreme Court of Vermont · 1846
- Sawyer v. WareSupreme Court of Alabama · 1860
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