Niles v. Carlton's Estate
Supreme Court of Vermont
Appeal from tbe decision of commissioners allowing tbe claim of Edward S. Niles presented against tbe estate of Adora N. Carlton; Will Carlton, appellant. Declaration, general assumpsit. Plea, tbe general issue. Trial by court at tbe April Term, 1909, Windbam County, Butler, J., presiding. Judgment for tbe claimant. Tbe appellant excepted.
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Appeal from tbe decision of commissioners allowing tbe claim of Edward S. Niles presented against tbe estate of Adora N. Carlton; Will Carlton, appellant. Declaration, general assumpsit. Plea, tbe general issue. Trial by court at tbe April Term, 1909, Windbam County, Butler, J., presiding. Judgment for tbe claimant. Tbe appellant excepted. Tbe appellant moved to dismiss tbe case for that “by law tbe probate court and tbe commissioners on said estate were without authority and jurisdiction to consider, pass upon and allow said claim, and to act in the premises, as shown by the record.” Motion…
1Opinion of the CourtPowers, J.
For several years prior to her death in 1904, Adora N. Carlton and her brother, Edward S. Niles, had owned a farm in the town of Halifax as tenants in common. Another brother, James P. Niles, had formerly owned a third interest in the place, but conveyed it to Edward S. in 1898. During the lifetime of Adora N., the claimant, at his own expense, made extensive repairs and improvements on the-property and paid out various sums for insurance and other purposes. He now seeks to collect one-third of such expenditures from Adora N.’s estate. He declares in assumpsit and had judgment below on facts…
2Cases cited4 opinions
- Strother's Adm'r. v. ButlerSupreme Court of Alabama · 1850
- Fowler v. FowlerSupreme Court of Connecticut · 1882
- Haven v. MehlgartenIllinois Supreme Court · 1857
- Jordan v. SouleSupreme Judicial Court of Maine · 1887
3Cited by2 opinions
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- Reishus v. Bullmasters, LLCColorado Court of Appeals · 2016