Wells' Estate v. Congregational Church
Supreme Court of Vermont
This was an appeal from a decree of the Probate Court for the District of Chittenden, decreeing that Rebecca Wells had a homestead in the estate of her husband, Oliver Wells, and ordering the same set out. Heard at the September term, Chittenden county, 1889, Munson, J"., presiding, upon an agreed statement of facts. Judgment proforma reversing the decree of the Probate Court, and adjudging that the said widow had not homestead.
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This was an appeal from a decree of the Probate Court for the District of Chittenden, decreeing that Rebecca Wells had a homestead in the estate of her husband, Oliver Wells, and ordering the same set out. Heard at the September term, Chittenden county, 1889, Munson, J"., presiding, upon an agreed statement of facts. Judgment proforma reversing the decree of the Probate Court, and adjudging that the said widow had not homestead. The Congregational Church of Underhill is the appellant, and the administrator of Rebecca Wells, apj>ellee. The appellee excepts. Oliver Wells died in November, 1887,…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
The question in this case is, was the widow of Oliver Wells entitled to homestead in his estate, or, was she barred therefrom by having accepted the provisions of his will. It is needless to consider the many autliorities cited in behalf of the appellant, as the rule applicable to the case is vrell settled in this State and tersely stated in Meech v. Meech, 37 Vt. 414. In re Hatch’s Estate, 62 Vt. 300. To deprive the widow of a homestead it'must clearly appear that the testator intended she should accept the provisions of the will in lieu of…
2Cases cited2 opinions
- Meech v. Estate of MeechSupreme Court of Vermont · 1865
- In re Hatch's EstateSupreme Court of Vermont · 1890
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- ST. MATTHEW'S, ETC. v. Div. of Tax AppealsNew Jersey Superior Court Appellate Division · 1952
- Miller v. Fidelity Bankers Trust Co.Tennessee Supreme Court · 1932
- Phillips v. Northfield Trust Co.Supreme Court of Vermont · 1935
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