In re Hurlburt's Estate
Supreme Court of Vermont
Appeal from a decree ©f the probate co".t for the district of Chittenden. Trial by jury at the fcL;-,ember term, 1898, Chittenden county, Munson, J., presiding. The jury returned a special verdict that Edmund W. Hurlburt was alive at the death of his father. Judgment and verdict for the appellee. The appellant excepts. The fact of the death may be proved by reputation and hearsay. Brown v. Sim, 4 Whar. 150; Broon, Leg.
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Appeal from a decree ©f the probate co".t for the district of Chittenden. Trial by jury at the fcL;-,ember term, 1898, Chittenden county, Munson, J., presiding. The jury returned a special verdict that Edmund W. Hurlburt was alive at the death of his father. Judgment and verdict for the appellee. The appellant excepts. The fact of the death may be proved by reputation and hearsay. Brown v. Sim, 4 Whar. 150; Broon, Leg. Max. 965 ; Rice, Ev. 416-19; Doe v. Griffin, 15 East. 293 ; Webb v. Richardson, 42 Yt. 465 ; Mason v. Fuller, 45 Yt. 29; Hammond v. Noble, 57 Yt. 203; Clark v. Owens, 18 N. Y.…
1Opinion of the CourtThompson, J.
The issue was whether Edmund W: Hurlburt was dead, and if dead, whether he died before his father, Wait Hulburt, did, which was on Dec. 14, 1884. It appeared that Edmund went to Devil’s Lake, Dakota, some time in 1882 and continued to l’eside there and at Grand Forks, Dakota, living a rather reckless and dissipated life, till about Aug. 25, 1884, when he disappeared from Grand Forks, and has not been seen or heard of since. As tending to prove that he was dead, and that he died before his father did, the appellant offered to show by the mother and sister of Edmund, residents of Chittenden…
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