Judge of Probate v. Fillmore
Supreme Court of Vermont
THIS was an action of debt on bond. In the declaration the bond was set forth in common form, with the following condition, and specifick breaches of the condition : “ If the above bounden 33. Fillmore, administrator of all and singular the goods, chattels, rights, credits and estate of Nathan Colgrove, late of- deceased, shall make, or cause to be made a true and perfect inventory, of all and singular the goods, chattels, rights, credits and estate of the said deceased,…
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THIS was an action of debt on bond. In the declaration the bond was set forth in common form, with the following condition, and specifick breaches of the condition : “ If the above bounden 33. Fillmore, administrator of all and singular the goods, chattels, rights, credits and estate of Nathan Colgrove, late of- deceased, shall make, or cause to be made a true and perfect inventory, of all and singular the goods, chattels, rights, credits and estate of the said deceased, which had or should come to the hands, possession or knowledge of the said E. Fillmore, or into the hands or possession of…
1Opinion of the Court
The opinion of the Court was delivered by
Williams, J.
The defendant contends in this case that the declaration is insufficient, for that the distribution among the heirs of the estate of Nathan Colgrove was not made in the manner pointed out by the statute, as it was not made by a committee appointed for that purpose. It is apparent, however, by an examination of the statute, that the appointment of a committe is required in those cases only, where estate real or personal is to be appraised and to be specifically set to the heirs. If the estate consists of money only, in the hands of the…
2Cited by2 opinions
- Giddings v. SmithSupreme Court of Vermont · 1843
- In re Wells's EstateSupreme Court of Vermont · 1897