Leach v. of Leach
Supreme Court of Vermont
Appeal from orders of the Probate Court for the district of Fair Haven, made on petitions of Rosina S. Leach, ordering the defendant, executor of the last will of her husband, Ebenezer Leach, to pay her certain sums and allow her the use of certain property for the support of herself and her family during the settlement of the estate. There were two petitions and two orders, and an appeal from each order; and the appeals were to be heard together as one case.
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Appeal from orders of the Probate Court for the district of Fair Haven, made on petitions of Rosina S. Leach, ordering the defendant, executor of the last will of her husband, Ebenezer Leach, to pay her certain sums and allow her the use of certain property for the support of herself and her family during the settlement of the estate. There were two petitions and two orders, and an appeal from each order; and the appeals were to be heard together as one case. The first order directed the executor to pay the petitioner $12 per month during the settlement of the estate, to allow her the use of…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
This is an appeal from an order of an allowance to the widow for maintenance during the progress of the settlement of the estate, as provided in s. 29, c. 49, Gen. Sts. The terms of the statute as to appeals, s. 30, c. 48, Gen. Sts., are broad enough, and apt enough in signification, to cover this case. The order is a final one, from the nature of it, and contemplates present and irreversible execution. It appropriates the assets and property of the estate for present and current use and consumption, without return from anybody, in any form…
2Cited by6 opinions
- Noyes v. HubbardSupreme Court of Vermont · 1892
- Fillmore v. Estate of MorganSupreme Court of Vermont · 1919
- Felton v. SowlesSupreme Court of Vermont · 1885
- In Re Estate of DavisSupreme Court of Vermont · 1966
- Leach v. PeabodySupreme Court of Vermont · 1884
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