Hodges v. Thacher
Supreme Court of Vermont
Appeal from a decree of the probate court, rejecting a report of commissioners to adjust claims against the estate of Seth Hodges. Trial by the court, February Adjourned Term, 1851, — Collamer, J., presiding. At a probate court held November 13, 1848, Gardner Winslow, John Chedel and Ora Paul were appointed commissioners to receive, examine and adjust all claims against the estate of Seth Hodges.
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Appeal from a decree of the probate court, rejecting a report of commissioners to adjust claims against the estate of Seth Hodges. Trial by the court, February Adjourned Term, 1851, — Collamer, J., presiding. At a probate court held November 13, 1848, Gardner Winslow, John Chedel and Ora Paul were appointed commissioners to receive, examine and adjust all claims against the estate of Seth Hodges. On the twenty second day of August, 1849, a report of the doings of the commissioners, and of the claims allowed and disallowed, was returned to the probate court, and was in all respects in due…
1Opinion of the Court
The opinion of the court was delivered by
Redeiei/d, J.
The principal question in this case is, whether the probate court have any and if any what discretion, in regard to accepting, or rejecting, the report of commissioners on estates represented insolvent. We think it could scarcely' be said, that that court has no discretion in the matter. It is indeed admitted in argument, by the counsel for the appellant, that the probate court might reject the report of commissioners, for defects apparent on the face of the report. And this concession, which it would seem the counsel felt compelled to…
2Cases cited4 opinions
- Newel v. of KeithSupreme Court of Vermont · 1839
- Towne v. JaquithMassachusetts Supreme Judicial Court · 1809
- Richmondville Manufacturing Co. v. PrallSupreme Court of Connecticut · 1833
- Peck v. SturgesSupreme Court of Connecticut · 1836
3Cited by14 opinions
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
- Smith v. LentiniSupreme Court of Vermont · 1966
- Riley v. Estate of McInlearSupreme Court of Vermont · 1888
- Goslant v. Town of CalaisSupreme Court of Vermont · 1916
- In Re Appeal of ReynoldsSupreme Court of Vermont · 2000
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