Legal Opinion

Davis v. Davis's Estate

Supreme Court of Vermont

Decided February 15, 1875PublishedCited by 2 opinions

Appeal from the Probate Court. A referee was appointed, who reported as follows : On June 5, 1868, intestate and his wife wont to plaintiff’s house on a visit, where the wife was taken sick, and died on July 4th, and part of plaintiff’s claim was for expenses incurred in that sickness.

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Appeal from the Probate Court. A referee was appointed, who reported as follows : On June 5, 1868, intestate and his wife wont to plaintiff’s house on a visit, where the wife was taken sick, and died on July 4th, and part of plaintiff’s claim was for expenses incurred in that sickness. Defendant claimed that plaintiff and the testator settled all matters of account a short time before the testator’s death, and upon that point offered the deposition of Mrs. Minnie J. Davis, the second wife and former widow of the intestate, and now wife of Gf. JEL Davis, brother of plaintiff and the intestate,…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

The deposition of Mrs. Minnie J. Davis was improperly received in evidence by the referee. In the citation served *505on tbe appellant for taking the deposition, no magistrate was named before whom the deposition would be taken. This alone renders the deposition inadmissible, as was decided at the General Term, in St. Johnsbury v. Goodenough, 44 Vt. 662.

We also think, on the facts reported, the deponent was disqualified to testify in the case. She is the wife of the administrator, and the widow of the intestate. She is not disqualified by reason of…

2Cases cited1 opinion

  1. Town of St. Johnsbury v. GoodenoughSupreme Court of Vermont · 1871

3Cited by2 opinions

  1. Gaines v. BaldwinSupreme Court of Vermont · 1918
  2. Witters v. SowlesUnited States Circuit Court · 1886

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