Hotchkiss v. Ladd's Estate
Supreme Court of Vermont
This was an appeal to the County Court from an order of the Probate Court for the District of Franklin, denying a petition to vacate a decree of said Probate Court admitting to probate the will of Alfred Ladd. The petition was dated February 22, 2887. In the County Court the defendant filed a motion to dismiss: ■the appeal, and the same was dismissed, pro forma, at the ApriF 'Term, 1888, Yeazey, J., presiding. The petitioners except. The; «case appears in the opinion.
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This was an appeal to the County Court from an order of the Probate Court for the District of Franklin, denying a petition to vacate a decree of said Probate Court admitting to probate the will of Alfred Ladd. The petition was dated February 22, 2887. In the County Court the defendant filed a motion to dismiss: ■the appeal, and the same was dismissed, pro forma, at the ApriF 'Term, 1888, Yeazey, J., presiding. The petitioners except. The; «case appears in the opinion. The Probate Court has power to revise and vacate its decrees.' Smith v. Bix, 9 Yt. 210 ;.Bix v. Smith, 8 Yt. 365 Adams ■v.…
1Opinion of the Court
*210The opinion of the court was delivered by
Powers, J.
The petition recites in substance that the appellants are the legal guardians of three minor children who are-heirs at law of Alfred Ladd, deceased ; that in 1882 an instrument purporting to be the last will of said Alfred Ladd was, upon the customary notice, duly probated. The appellants say that the decree of the Probate Court establishing said will was erroneous, in that the said Alfred Ladd at the time when said will was executed, lacked the mental capacity requisite to make-a valid will, and that the minor children whom they represent…
2Cases cited2 opinions
- Adams v. AdamsSupreme Court of Vermont · 1849
- Heirs of Smith v. RixSupreme Court of Vermont · 1837
3Cited by10 opinions
- In Re Elliott's EstateWashington Supreme Court · 1945
- State Ex Rel. Booth v. ByingtonDistrict Court of Appeal of Florida · 1964
- Williams v. MilesNebraska Supreme Court · 1902
- Merrill Trust Co. v. HartfordSupreme Judicial Court of Maine · 1908
- Sparrow v. WatsonSupreme Court of Vermont · 1914
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