Vermont State Baptist Convention v. Ladd
Supreme Court of Vermont
Appeal from the Probate Court. Heard on an agreed statement, September Term, 1885, Veazey, J., presiding. Judgment pro forma for the plaintiff. Priscilla B. Leach, the testatrix, died. May 1, 1880; her will -was probated July 19, 1880, and letters testamentary were issued to defendant Ladd on the 30th of the same month. The following is the clause of the will relating to the plaintiff: “3d.
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Appeal from the Probate Court. Heard on an agreed statement, September Term, 1885, Veazey, J., presiding. Judgment pro forma for the plaintiff. Priscilla B. Leach, the testatrix, died. May 1, 1880; her will -was probated July 19, 1880, and letters testamentary were issued to defendant Ladd on the 30th of the same month. The following is the clause of the will relating to the plaintiff: “3d. I give and bequeath to the Baptist State Convention, incorporated by the Legislature of Vermont in the year 1851, eight thousand dollars ($8,000), the principal to be invested and the income to be used to…
1Opinion of the Court
The opinion of the court was delivered by
Powebs, J.
Legacies in this State, unless otherwise controlled by the will, draw interest after one year from the probate of the will. Bradford Academy v. Grover, 55 Vt. 462.
And this rule is not affected by the circumstance that the executor is unable to gather in the assets and so provide himself with funds to pay the legacy within the year. Marsh v. Hague, 1 Edw. Chan. 174.
The important contention between the parties arises upon the payment made by the defendant of the sum of $2,880 on September 3, 1884, which, he insists, amounted under the…
2Cases cited5 opinions
- McDaniels v. President of the Bank of RutlandSupreme Court of Vermont · 1857
- McDaniels v. LaphamSupreme Court of Vermont · 1849
- McGlynn v. BillingsSupreme Court of Vermont · 1844
- Cole v. Champlain Transportation Co.Supreme Court of Vermont · 1853
- Trustees of Bradford Academy v. GroverSupreme Court of Vermont · 1883
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