Thrall v. Spear
Supreme Court of Vermont
Bill in chancery for a construction of the will of Charles Beebe, involving the confirmation of the title to certain lands sold by his administrator, and the distribution of the proceeds. Heard upon bill and answer at the September term, 1890. Taft, chancellor, dismissed the bill pro forma. The orator-appeals. The case appeal’s in the opinion. The whole will must be construed together, and the intent of the testator so gathered will govern.
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Bill in chancery for a construction of the will of Charles Beebe, involving the confirmation of the title to certain lands sold by his administrator, and the distribution of the proceeds. Heard upon bill and answer at the September term, 1890. Taft, chancellor, dismissed the bill pro forma. The orator-appeals. The case appeal’s in the opinion. The whole will must be construed together, and the intent of the testator so gathered will govern. Oasey v. Gasey, 55 Yt. 518; In re Cushing’s will, 58 Yt. 393; Randall v. Josselyn, 59' Yt. 557. So read, this will plainly means that the -wife has the…
1Opinion of the Court
The opinion of the court was delivered by
ROSS, Ch. J.
The orator, Thrall, as administrator with the will annexed of Charles Beebe, under a license from the Probate Court, conveyed a farm as a part of the estate, to his co-orators, Henry Yan Pintell and his wife. It is now claimed that the farm did not belong to the estate of Charles Beebe, but to the children of Ada Spear. This bill is brought to have determined and declared, to whom the farm belongs, before the money received therefor is distributed under the will of Charles Beebe. Charles Beebe died testate, and his will was duly probated.…
2Cases cited18 opinions
- Blagge v. MilesU.S. Circuit Court for the District of Massachusetts · 1841
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Butler v. HuestisIllinois Supreme Court · 1873
- Maryland Mutual Benevolent Society of the Improved Order of Red Men v. ClendinenCourt of Appeals of Maryland · 1876
- Cranston v. CraneMassachusetts Supreme Judicial Court · 1867
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3Cited by6 opinions
- Minneapolis Threshing Machine Co. v. HansonSupreme Court of Minnesota · 1907
- Morse v. Stoddard's EstateSupreme Court of Vermont · 1916
- Iuko v. HoltHawaii Supreme Court · 1893
- Dwyer v. WellsNew York Supreme Court · 1893
- In Re Estate of DoranSupreme Court of Vermont · 2010
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