Legal Opinion

Graves v. Wakefield

Supreme Court of Vermont

Decided October 15, 1881PublishedCited by 2 opinions

Appeal from the order of distribution of the Probate Court for the district of Marlboro, of the residue of the estate of Lucretia Wakefield. The Probate Court ordered and decreed that this residue, $1,600, be paid to the defendant. Heard at the' September Term, 1880, Windham County, Veazet, J., presiding. Trial by court; and the decree of the Probate Court was affirmed. The said Lucretia’s will was duly proved; and her estate distributed except this amount.

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Appeal from the order of distribution of the Probate Court for the district of Marlboro, of the residue of the estate of Lucretia Wakefield. The Probate Court ordered and decreed that this residue, $1,600, be paid to the defendant. Heard at the' September Term, 1880, Windham County, Veazet, J., presiding. Trial by court; and the decree of the Probate Court was affirmed. The said Lucretia’s will was duly proved; and her estate distributed except this amount. The plaintiffs are her heirs-at-law ; and the defendant was her husband. The defendant and testatrix were married August 13, 1869. It was…

1Opinion of the Court

The opinion of the court was delivered by

Ross, J.

It is not contended that the decree of the Probate Court in distributing the residue of the estate of the testate, Lu*315cretia Wakefield, was erroneous, if unaffected by the claimed ante-nuptial contract between her and the defendant.

George Howe, Esq., testified that he wrote an ante-nuptial contract for the parties, a short time before their marriage, which was duly executed and taken away by them. By its terms, “ neither of the parties was to have anything to do with the property of the other; but that the same should go to their respective…

2Cases cited2 opinions

  1. Caldwell v. RenfrewSupreme Court of Vermont · 1860
  2. Mann v. Mann's EstateSupreme Court of Vermont · 1880

3Cited by2 opinions

  1. Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913
  2. Admr. of Leonard v. Exr. of LeonardSupreme Court of Vermont · 1895

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