Perrin v. Widow of Sargeant
Supreme Court of Vermont
Appeal from an. order of the Probate Court setting out a homestead to the defendants, without making the same subject to any debts whatever of the intestate. The cause was tried by the court, at the June Term, 1859, Barrett, J., presiding.
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Appeal from an. order of the Probate Court setting out a homestead to the defendants, without making the same subject to any debts whatever of the intestate. The cause was tried by the court, at the June Term, 1859, Barrett, J., presiding. The plaintiff gave in evidence, subject to all legal objection thereto, a copy of the report of the commissioners upon claims against the intestate’s estate, which did not describe the time when any of the debts therein allowed were incurred. The plaintiff also, under objections by the defendants, was permitted to prove that several of the claims allowed by…
1Opinion of the CourtPoland, J.
The counsel for the widow and child of the intestate first claim, that under the 4th section of the homestead act, (Comp. Stat. 391,) providing for a homestead to be set out to the widow and children of a deceased housekeeper, such homestead is not subject to the claims of such housekeeper’s creditors, which accrued prior to Dec. 1, 1850, when the homestead act took effect, or to debts which accrued prior to'the purchase of the homestead, though by other sections of the act, the homestead is expressly made subject to such debts, in the lifetime of such housekeeper.
The considerations urged by…
2Cited by8 opinions
- Robinson v. LeachSupreme Court of Vermont · 1895
- Ingraham v. DyerSupreme Court of Missouri · 1894
- Ramstadt v. ThunemSupreme Court of Minnesota · 1917
- University of Vermont v. Estate of BaxterSupreme Court of Vermont · 1871
- Johnson v. MayU.S. Circuit Court for the District of Vermont · 1877
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