Morton v. Onion
Supreme Court of Vermont
Appeal from a decree of tbe probate court for the district' of Chittenden, establishing the will of the said Polly Cary. Trial by jury, at the April term, 1871, Chittenden county, Pierpoint, Ch. J., presiding. The said Hannah, who is the wife of the said Henry, was a niece, and the said Jonathan was a nephew, of the said Polly, and both were heirs of the said Polly.
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Appeal from a decree of tbe probate court for the district' of Chittenden, establishing the will of the said Polly Cary. Trial by jury, at the April term, 1871, Chittenden county, Pierpoint, Ch. J., presiding. The said Hannah, who is the wife of the said Henry, was a niece, and the said Jonathan was a nephew, of the said Polly, and both were heirs of the said Polly. The will was executed on the 20th day of October, 1864, and at the time of its execution, said Polly was a single woman, and. her name was Polly Tomberson. On the 3d day of February, 1867, said Polly was legally married to…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
It is the opinion of the court that the rule, that the marriage of a woman revoked a will made by her before marriage, rested for its reason on the fact, that, by virtue of the hus*153band’s marital rights, the woman becoming covert became thereby disabled to dispose of the property named in the will. The will ceased to be ambulatory. It is. only in view of the supervening rights of the hushand, accruing by the fact of marriage, as to her property, that the rule had any ground or reason. The change of condition effected by marriage, as that…
2Cited by12 opinions
- Naab v. SmithWyoming Supreme Court · 1940
- Ellis v. DardenSupreme Court of Georgia · 1890
- In Re Walters' EstateNevada Supreme Court · 1940
- Baacke v. BaackeNebraska Supreme Court · 1896
- Will of WardWisconsin Supreme Court · 1887
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