Button v. American Tract Society
Supreme Court of Vermont
[In Chancery.] Appeal from the court of chancery. The orator alleged, in the bill, that Alexander Miller died in March, 1844, leaving a will, in which the orator was named as executor, and that the will was duly proved and allowed in the probate court, and letters testamentary were granted, and commissioners were appointed, and the list of claims returned and allowed, and that the orator believed, that the property of the estate would be sufficient, after satisfying all just…
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[In Chancery.] Appeal from the court of chancery. The orator alleged, in the bill, that Alexander Miller died in March, 1844, leaving a will, in which the orator was named as executor, and that the will was duly proved and allowed in the probate court, and letters testamentary were granted, and commissioners were appointed, and the list of claims returned and allowed, and that the orator believed, that the property of the estate would be sufficient, after satisfying all just claims, to pay all the legacies given by the will; that the will, among other things, contained a devise in these…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
This was an appeal from a decree of the chancellor for the first judicial district.
The orator was appointed executor of the will of Alexander Miller and as such undertook the execution of the trust. Miller, by his will, made certain bequests, which are in the words following;— *347“ My east or Jackson farm, so called, I give and dispose of in the following manner. The American Home Mission Tract Society for our western missions, twelve hundred dollars, to be secured in a permanent fund in real estate to double the amount, or in bank stock, the…
2Cases cited2 opinions
- Brewster v. McCall's deviseesSupreme Court of Connecticut · 1842
- Gardner v. HeyerNew York Court of Chancery · 1829
3Cited by19 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Decker v. DeckerIllinois Supreme Court · 1887
- Pate v. BushongIndiana Supreme Court · 1903
- St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
- Wilson v. PerryWest Virginia Supreme Court · 1886
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