Jennison v. Hapgood
Supreme Court of Vermont
THIS was an appeal taken by the heirs to the estate of Jonathan Grout, deceased, from a decree of the probate court for the district of Essex, allowing the administration accounts of Hutchins Hapgood, Esq. the executor of the last will and testament of said Grout. The deceased was, in his life time, an inhabitant of Massachusetts, and died there, leaving a will. He had been occasionally in Y ermont, and owned lands and had debts and credits there.
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THIS was an appeal taken by the heirs to the estate of Jonathan Grout, deceased, from a decree of the probate court for the district of Essex, allowing the administration accounts of Hutchins Hapgood, Esq. the executor of the last will and testament of said Grout. The deceased was, in his life time, an inhabitant of Massachusetts, and died there, leaving a will. He had been occasionally in Y ermont, and owned lands and had debts and credits there. The executor proved the will in Massachusetts, procured a certified copy of the record of the will and of the probate thereof, and having filed the…
1Opinion of the Court
After argument, the opinion of the Court was delivered by
Skinner, Ch. J.
The Court have no hesitation in saying that this plea must be overruled. A plea in abatement, according to the uniform course of decisions of the courts in the state, and the established rules of law, must be pleaded at the first term of the Court in which the suit is entered. The suggestion that the party, to avail himself of the objection arising from the time of pleading, must apply to the Court to set aside the plea, and that by the demurrer, the exception is waived, is not correct. The plaintiff may either sign…
2Cited by2 opinions
- Culver v. BalchSupreme Court of Vermont · 1851
- White v. De VilliersNew York Supreme Court · 1799