Weatherhead v. Field
Supreme Court of Vermont
Appeal from a decree of the prohate court for the district of Marlboro, distributing the personal estate of John Weatherhead.
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Appeal from a decree of the prohate court for the district of Marlboro, distributing the personal estate of John Weatherhead. On the trial, the administrator produced a book, in which were certain entries made by the intestate in his life time, at the back part of said book, which the administrator contended, tended to show that such entries were evidence of advancements to the appellants, and were so intended by the intestate". The appellants contended not only that the entries in the book were insufficient to show that they were evidence of advancements, but also offered to prove, that the…
1Opinion of the Court
The opinion of the court was delivered by
Ishaji, J.
We are satisfied that the testimony offered by the appellants in relation to the declarations of the intestate, was properly rejected ; whether those declarations were made at the time the entries were placed on the book, or at any time afterwards. The principle of its exclusion is the same, whether the question, *667arises under the act of 1821, Slade’s Ed. 394 § 76, or the Compiled Statutes 366 § 8, 9. From the case of Quarles v. Quarles, 4 Mass. 683, it appears that the act of 1821, is nearly a transcript of the act in Massachusetts, passed in…
2Cases cited4 opinions
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Commonwealth v. MartinMassachusetts Supreme Judicial Court · 1821
- Newell v. NewellSupreme Court of Vermont · 1841
- Brown v. BrownSupreme Court of Vermont · 1844
3Cited by6 opinions
- In Re the Estate of HayneCalifornia Supreme Court · 1913
- Robinson v. RamseySupreme Court of Georgia · 1925
- Wheeler v. Wheeler's EstateSupreme Court of Vermont · 1874
- Olney v. BrownMichigan Supreme Court · 1910
- Power v. Estate of PowerMichigan Supreme Court · 1892
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