Bank of Orange County v. Kidder
Supreme Court of Vermont
Debt. The plaintiffs alleged, in their declaration, in substance, that on the 23d of October, 1841, they had a claim against the defendants’ intestate, which claim they presented to the commissioners of claims upon his estate ; that the commissioners allowed the claim at the sum of $620,16, and their report was duly accepted and allowed by the probate court; that the plaintiffs, by the consideration of the commissioners and of the probate court, recovered judgment against…
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Debt. The plaintiffs alleged, in their declaration, in substance, that on the 23d of October, 1841, they had a claim against the defendants’ intestate, which claim they presented to the commissioners of claims upon his estate ; that the commissioners allowed the claim at the sum of $620,16, and their report was duly accepted and allowed by the probate court; that the plaintiffs, by the consideration of the commissioners and of the probate court, recovered judgment against the estate for that sum, which judgment still remains in full force; and that the time for the settlement of said estate…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This case raises the question, how far the settlement of estates under the Revised Statutes is the same with the settlement of estates represented insolvent under the former statute, in regard to the liability of administrators. Under the old statute the case of Probate Court v. Vanduzer et al., 13 Vt. 135, fully establishes the principle, that executors, or administrators, are not liable in their persons, or property, until after a final decree in the probate court, fixing such liability, and the extent of it. The reason of this decision…
2Cases cited1 opinion
- Probate Court v. VanduzerSupreme Court of Vermont · 1841
3Cited by16 opinions
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- Probate Court v. KimballSupreme Court of Vermont · 1869
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