Legal Opinion

In re Cramton's Will

Supreme Court of Vermont

Decided January 9, 1915Published

Appeal from a decree of the probate court distributing the estate of George Cramton, Barker L. Cramton, appellant. Heard at the March Term, 1914, Rutland County, Miles, J., presiding on the questions of law presented by the will. Decree of the probate court sustaining the bequest affirmed. The appellant excepted.

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Appeal from a decree of the probate court distributing the estate of George Cramton, Barker L. Cramton, appellant. Heard at the March Term, 1914, Rutland County, Miles, J., presiding on the questions of law presented by the will. Decree of the probate court sustaining the bequest affirmed. The appellant excepted. By the will in question, the testator, after making several bequests, bequeaths two-thirds of the residue of his estate to designated trustees in trust, the income thereof to be paid to designated beneficiaries, or the survivor of them for life, and upon the death of those…

1Opinion of the CourtPowers, C. J.

That municipal corporations are capable of acquiring and holding real and personal estate for the purposes of their creation is established beyond question. They possess this power as a necessary incident of their corporate existence, for without it they would fail of full accomplishment of the objects of their establishment. They may acquire such property in various ways; they are sufficiently individualized to take by gift, bequest or devise. Dillon, Mun. Corp. §981; Worcester v. Eaton, 13 Mass. 371. And the property so acquired may, in the absence of limitations in the statutes or the…

2Cases cited9 opinions

  1. Town of Montpelier v. Town of East MontpelierSupreme Court of Vermont · 1856
  2. Santa Clara Female Academy v. SullivanIllinois Supreme Court · 1886
  3. Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1816
  4. Dickson v. United StatesMassachusetts Supreme Judicial Court · 1878
  5. Richardson v. MulleryMassachusetts Supreme Judicial Court · 1908

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