Foss v. Sowles
Supreme Court of Vermont
This was an action of general assumpsit for the amount of a legacy given by the will of Susan B. Bellows in trust to St. Luke’s Church. Pleas, the general issue, special pleas in bar, and notice of special matter. Trial by court at the April Term, 1889, Rowell, J., presiding. Judgment for the plaintiff for the amount of the legacy and interest from the date of the plaintifi’s writ. The court also granted a certified execution. Exceptions by the defendant.
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This was an action of general assumpsit for the amount of a legacy given by the will of Susan B. Bellows in trust to St. Luke’s Church. Pleas, the general issue, special pleas in bar, and notice of special matter. Trial by court at the April Term, 1889, Rowell, J., presiding. Judgment for the plaintiff for the amount of the legacy and interest from the date of the plaintifi’s writ. The court also granted a certified execution. Exceptions by the defendant. The court found that the defendant had, as trustee, received the legacy under the will, and had not paid any part of it over to the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The exceptions taken, on the trial in the County ■Court, raise the questions :
First. Had the Probate Court 'jurisdiction to remove the defendant from being trustee and to appoint the plaintiff trustee in his stead, under the circumstances in which it was attempted to be done ?
Secondly. If so, can the plaintiff maintain an action of general assumpsit to recover the trust fund on the facts found by the County Court ?
I. By the will of Susan B. Bellows, duly probated, the defendant was made trustee of the fund in controversy, with the provision in…
2Cases cited2 opinions
- In re Bellows' EstateSupreme Court of Vermont · 1887
- Congdon v. CahoonSupreme Court of Vermont · 1875
3Cited by9 opinions
- First Nat'l B'k v. Comr. of TaxesSupreme Court of Vermont · 1940
- In re Hodges' EstateSupreme Court of Vermont · 1891
- Noyes v. NoyesSupreme Court of Vermont · 1939
- Abbott v. AbbottSupreme Court of Vermont · 1942
- Husted v. StoneSupreme Court of Vermont · 1896
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