Bull v. Nichols
Supreme Court of Vermont
This was an appeal from a decree of the court of probate, accepting the return of commissioners appointed to divide the estate of Stephen Nichols, deceased.
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This was an appeal from a decree of the court of probate, accepting the return of commissioners appointed to divide the estate of Stephen Nichols, deceased. It appears that, on the first day of April, 1840, the court of probate, for the district of Rutland, appointed Ira Edmonds and Caleb Randall, commissioners, with authority as follows :■— “ To appraise all the real estate whereof Stephen Nichols, ‘late of Mount Tabor, in said district, died seized and pos* ‘ sessed, in said state, each piece and parcel by itself, at the ‘ present true value thereof, in lawful money. When you ‘ have…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This case comes up by an appeal from a decree of the probate court, accepting the return of the commissioners, dividing the estate of Stephen Nichols among the devisees. This division having been made before the Revised Statutes went into operation, the questions must be decided under the law then in force.
It is objected to the jurisdiction of the probate court, that, by the laws in force at the death of the testator, in 1793, the devisees could only have compelled a division in the supreme court. If this were so, still the legislature might…
2Cases cited2 opinions
- Pond v. PondMassachusetts Supreme Judicial Court · 1816
- Whittemore v. SmithMassachusetts Supreme Judicial Court · 1821