Legal Opinion

Goodell v. Pike

Supreme Court of Vermont

Decided November 15, 1867PublishedCited by 2 opinions

Bill in Chancery. The bill charges, that the orator, now of Rockingham, lived in Somerset in 1855, when his wife ran away with one Oliver Pike to Wisconsin, taking with her the orator’s infant son, Francis, aged about seven years.

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Bill in Chancery. The bill charges, that the orator, now of Rockingham, lived in Somerset in 1855, when his wife ran away with one Oliver Pike to Wisconsin, taking with her the orator’s infant son, Francis, aged about seven years. That soon after Oliver sent the boy to his brother, Aaron Pike, in Searsburg; that the orator thereupon made a verbal agreement with Aaron to keep the boy till he should be twenty-one, school, clothe, and maintain him, and teach him the trade of a bedstead maker, and pay him $100. on his coming of age ; that Francis lived with Aaron accordingly till August 81st,…

1Opinion of the Court

The opinion of the court was delivered by

Steele, J.

It is urged that this will, though made by an infant of the age of seventeen years, may have been valid as a soldier’s will, by virtue of some ratification it may have received while the infant was in actual military service, and that its probate may have been, or may hereafter be, justified by proof of such a ratification.

We do not think the statute enables an infant to make a valid will under any circumstances. The statute o'f wills, in general terms, limits the right of disposing of property by testament to persons of full age. After…

2Cited by2 opinions

  1. Clark v. Clark's Est.Supreme Court of Vermont · 1882
  2. In Re KnightNew Jersey Superior Court Appellate Division · 1952

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