Lenehan v. Spaulding
Supreme Court of Vermont
Assumpsit. Heard on a referee’s report, September Term, 1882, Chittenden County, Taft, J., presiding. Judgment pro forma for the plaintiff. The referee found that the intestate died in 1871, leaving considerable real estate in St. Albans, consisting of a farm of 125 acres, and tenements, and other buildings in the village.
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Assumpsit. Heard on a referee’s report, September Term, 1882, Chittenden County, Taft, J., presiding. Judgment pro forma for the plaintiff. The referee found that the intestate died in 1871, leaving considerable real estate in St. Albans, consisting of a farm of 125 acres, and tenements, and other buildings in the village. Also: “ I find that in February, 1877,.the estate of said Catherine Driscoll was distributed by the Probate Court for the District of Franklin to and among John G. Driscoll, a brother of the intestate, and the defendants as assignees of Cornelius Driscoll, another brother,…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Cli. J.
This action was brought under No. 82 of *121the laws of 1876, now sec. 2245 of the R. L., to recover compensation for the share which the female plaintiff was entitled to in the intestate estate of Catherine Driscoll, and which was distributed to the defendants by an order of the Probate Court on the 17th day of February, 1877.
Before the passage of that law there was no statute remedy for an heir of an intestate estate who had been left out in the distribution of the estate to recover his share, or compensation therefor. That law provides,…
2Cases cited4 opinions
- Cross v. De ValleSupreme Court of the United States · 1863
- Gilman v. ThompsonSupreme Court of Vermont · 1839
- Stone v. Estate of PeasleySupreme Court of Vermont · 1856
- Grice v. RandallSupreme Court of Vermont · 1851
3Cited by1 opinion
- In Re Warner's EstateSupreme Court of Vermont · 1925