Leach v. Peabody
Supreme Court of Vermont
Trespass for false imprisonment. Heard on an agreed statement of facts, June Term, 1884, Yeazey, J., presiding. Judgment pro forma for the defendants. The parties agreed on the following facts: The plaintiff, on November 19, 1874, was confirmed and appointed executor of the will of ‘ Ebenezer Leach. Said will was duly proved in the Probate Court, of which court the defendant, Bromley, was judge. On January 25, 1875, the executor filed an inventory of the estate.
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Trespass for false imprisonment. Heard on an agreed statement of facts, June Term, 1884, Yeazey, J., presiding. Judgment pro forma for the defendants. The parties agreed on the following facts: The plaintiff, on November 19, 1874, was confirmed and appointed executor of the will of ‘ Ebenezer Leach. Said will was duly proved in the Probate Court, of which court the defendant, Bromley, was judge. On January 25, 1875, the executor filed an inventory of the estate. The amount of claims allowed by commissioners was $11.67. On October 10, 1876, the Probate Court, after due notice and hearing,…
1Opinion of the Court
The opinion of the court was delivered by
Powees, J.
If the orders made upon the plaintiff by the' judge of probate created a debt against the plaintiff, his subsequent imprisonment for non-compliance with them was unlawful. In re Bingham, 32 Vt. 329.
When brought up on habeas corpus he was released by Redfield, J., who seems to have regarded Bingham’s case as controlling. In re John Leach, 51 Vt. 630.
The statute in force when these orders were made, Gen. St. c. 49, s. 29, reads: “ All the estate of the testator, real and personal, shall be liable to be disposed of for the payment of his debts…
2Cases cited4 opinions
- Heirs of Sawyer v. SawyerSupreme Court of Vermont · 1856
- In re BinghamSupreme Court of Vermont · 1859
- Leach v. of LeachSupreme Court of Vermont · 1879
- In re LeachSupreme Court of Vermont · 1879
3Cited by3 opinions
- Meeks v. StateSupreme Court of Arkansas · 1906
- Harrison v. HarrisonSupreme Court of Arkansas · 1965
- In Re Estate of DavisSupreme Court of Vermont · 1966