Legal Opinion

Hemmenway v. Corey

Supreme Court of Vermont

Decided January 15, 1844PublishedCited by 13 opinions

Appeal from the court of probate. The appellee filed a petition in the probate court for the district of Addison, praying that dower might be assigned to her in certain lands, of which she alledged her late husband, Vashni Hemm'enway, died seized and possessed, in Bridport. The probate court appointed commissioners according to the prayer of the petition, and accepted their report, setting out dower to her in the lands described.

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Appeal from the court of probate. The appellee filed a petition in the probate court for the district of Addison, praying that dower might be assigned to her in certain lands, of which she alledged her late husband, Vashni Hemm'enway, died seized and possessed, in Bridport. The probate court appointed commissioners according to the prayer of the petition, and accepted their report, setting out dower to her in the lands described. The appellant filed his objections to the acceptance of the report, setting forth that he then was, and had been for many years, the owner and in possession of k…

1Opinion of the Court

The opinion of the court was delivered by

Williams, Ch. J.

This is a motion to dismiss an appeal taken by Corey, the appellant, from -the decree of the court of probate setting out the dower of the appellee. Corey was neither an heir, creditor, legatee, executor, or administrator, or otherwise interested in the estate of -the deceased. The statute is, that any person interested in any order, &c., may appeal.

It is obvious that a person claiming in any estate, as widow, heir, &c., who may have occasion to obtain any order, sentence, or decree of a court of probate, cannot be obliged to contest…

2Cases cited1 opinion

  1. Woodward v. SpearSupreme Court of Vermont · 1838

3Cited by13 opinions

  1. City of Hammond v. Board of Zoning AppealsIndiana Court of Appeals · 1972
  2. McFarland v. PierceIndiana Supreme Court · 1897
  3. State v. Central Vermont Railway Co.Supreme Court of Vermont · 1908
  4. Metropolitan Dev. Com'n of Marion Co. v. CullisonIndiana Court of Appeals · 1972
  5. Studabaker v. MarkleyIndiana Court of Appeals · 1893

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