Tinkham v. Smith
Supreme Court of Vermont
Debt on a decree of distribution by the Probate Court. Heard on demurrer to the plaintiff’s replication, March Term, 1883, "Washington County, Redeield, J., presiding. Demurrer sustained. The case appears in the opinion. The judgment of the Probate Court is conclusive as to the rights of the parties.
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Debt on a decree of distribution by the Probate Court. Heard on demurrer to the plaintiff’s replication, March Term, 1883, "Washington County, Redeield, J., presiding. Demurrer sustained. The case appears in the opinion. The judgment of the Probate Court is conclusive as to the rights of the parties. Gollard v. Grane, Brayt. 18; Gidding (& Wife v. Smith, 1 D. Chip. 420; Lawrence v. Bnglesby, 24 Yt. 42; Tryton v. Tryton, 16 Yt. 313. The plea does not set forth any defence that has arisen since the judgment of the court fixing the amount due the plaintiff. The plea alleges that the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Boss, J.
This action is founded on a decree of distribution of the estate of Henry Tinkham made by the Probate Court, by which the defendant as administrator was ordered to pay the plaintiff, heir-at-law of the intestate, out of the estate the sum of eleven hundred, twenty-six dollars and twenty-two cents.. By his second plea the defendant, administrator, avers that at the date of the decree he paid the plaintiff a part thereof, and that the plaintiff was then owing the estate more than enough to pay the balance of said decree, and that he applied such…
2Cases cited1 opinion
- Chaplin v. CurrierSupreme Court of Vermont · 1876
3Cited by17 opinions
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- Webb v. FullerSupreme Judicial Court of Maine · 1893
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