Smith v. Moore
Supreme Court of Vermont
Appeal from the Court of Chancery. The orator alledged in the bill, that Chauncey Moore, late of New Haven, in the county of Addison, and the State of Vermont, who. died on or about the 12th day of July, 1837, was the grand-father of the orator, and that Earmelia Smith, the mother of the orator, was the daughter-of said Chauncey Moore deceased.
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Appeal from the Court of Chancery. The orator alledged in the bill, that Chauncey Moore, late of New Haven, in the county of Addison, and the State of Vermont, who. died on or about the 12th day of July, 1837, was the grand-father of the orator, and that Earmelia Smith, the mother of the orator, was the daughter-of said Chauncey Moore deceased. That on or about the 7th day of April, 1836, the said Chauncey Moore made, executed and published his last will and testament in due form of law, and therein and thereby did give and bequeath to the orator, and his brother Chauncey M. Smith, both being…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The only question in this case relates to the interest on the legacy bequeathed to the two grand-children of the testator. The provision in the will gives them $400, to be paid to them j that is, $200 to each one of them, upon their becoming twenty-one years of age; and if one died before he became of age, then the whole sum was to be paid to the survivor; and if both died before that event, then the $400 was given to the other two children of the testator. C. M. Smith, one of the grand-children, died before he was twenty-one years of age;…
2Cited by3 opinions
- Bradford v. McConihayWest Virginia Supreme Court · 1879
- In re Woodward's EstateSupreme Court of Vermont · 1906
- First National Bank v. DavisMissouri Court of Appeals · 1901