Clark v. Peck's Exrs.
Supreme Court of Vermont
Appeal in Chancery, Chittenden County. Heard at Chambers, November 3, 1905, on demurrer to the bill, Watson, Chancellor. Demurrer sustained, and bill adjudged insufficient and dismissed. The orators appealed. The opinion states the material allegations of the bill.
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Appeal in Chancery, Chittenden County. Heard at Chambers, November 3, 1905, on demurrer to the bill, Watson, Chancellor. Demurrer sustained, and bill adjudged insufficient and dismissed. The orators appealed. The opinion states the material allegations of the bill. The fact that Mr. Peck, the surviving husband, has taken actual possession of the property, and taken and received all that he is entitled to under the will, and used the income and some of the principal for his own support, constitute an election on his part to take under the will; and an election once made is binding. Hutchinson…
1Opinion of the CourtMiles, J.
This is a suit in chancery. The question before this Court is raised by demurrer to the bill, and the ground of the demurrer is, that the court of chancery has no jurisdiction.
The allegations of the bill, briefly stated, are as follows: that Harriet C. Peck of Burlington, Vt., died on or about December 25, 1903, leaving a husband, the defendant, Edward W. Peck, but no' children surviving her; that she also left a will which was duly proved, allowed and established in the probate court for the district of Chittenden, on the first day of February, 1904, and letters testamentary thereon issued…
2Cases cited10 opinions
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Boyden v. WardSupreme Court of Vermont · 1866
- Ward v. Congregational ChurchSupreme Court of Vermont · 1894
- Morse v. LymanSupreme Court of Vermont · 1891
- Bailey v. BaileySupreme Court of Vermont · 1894
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3Cited by6 opinions
- In re Peck's EstateSupreme Court of Vermont · 1913
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- O'Rourke v. ClearySupreme Court of Vermont · 1932
- Wetmore & Morse Granite Co. v. BertoliSupreme Court of Vermont · 1913
- Hall v. LawtonSupreme Court of Vermont · 1908
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