Legal Opinion

Lytle v. Estate of Bond

Supreme Court of Vermont

Decided February 15, 1867PublishedCited by 3 opinions

This was an appeal from a decree of the probate court disallowing a claim presented by John E. Lytle, March 30th, 1860, as a contingent claim against the estate of Eichard Bond, deceased.

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This was an appeal from a decree of the probate court disallowing a claim presented by John E. Lytle, March 30th, 1860, as a contingent claim against the estate of Eichard Bond, deceased. The plaintiff declared in his declaration that the said Richard, in his lifetime, to wit, on the 2d day of August, 1865, at Salem, etc., by his promissory note in writing, dated, etc., promised to pay to the order of said John R., four hundred dollars, fifteen days after date, at the Bank of Salem ; which note John R., for the accommodation and at the request of said Richard, then and there endorsed and…

1Opinion of the Court

The opinion of the court was delivered by

Steele. J.

The question which this case is brought here to' settle, is whether a claim against the defendant’s estate, which was contingent at the time of the decease of the intestate, but became absolute before the expiration of the time limited for creditors to *391present their claims for allowance by commissioners upon the estate, might, after it became absolute, and while the commission remained open, be properly presented to the probate court for allowance as a contingent claim or must be presented to the commissioners for allowance as an absolute…

2Cases cited1 opinion

  1. Blackmer v. BlackmerSupreme Court of Vermont · 1833

3Cited by3 opinions

  1. Kreichman v. Webster, Admr.Supreme Court of Vermont · 1938
  2. Abraham, Exr. v. Jones, Admr.Supreme Court of Vermont · 1935
  3. Curley v. Hand's EstateSupreme Court of Vermont · 1881

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