Vail's Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of the court of probate for the district of Winchester ordering the payment in full of certain claims allowed by the commissioners upon the insolvent estate of Charles B. Coe, assigning debtor, before the payment of other claims allowed by the commissioners; taken to the Superior Court in Litchfield county and tried before Minor, J. The decree was passed upon the petition of David W. Coe and others, who had presented claims to the commissioners on the…
Read the full summary
Appeal from a decree of the court of probate for the district of Winchester ordering the payment in full of certain claims allowed by the commissioners upon the insolvent estate of Charles B. Coe, assigning debtor, before the payment of other claims allowed by the commissioners; taken to the Superior Court in Litchfield county and tried before Minor, J. The decree was passed upon the petition of David W. Coe and others, who had presented claims to the commissioners on the insolvent estate mentioned, and whose claims had been allowed and reported by the commissioners with other claims against…
1Opinion of the CourtButler, C. J.
We have been embarrassed in the consideration of this case by the condition of our law in relation to the chancery powers of a court of probate, and by the peculiar character of the facts and proceedings. But after careful deliberation we are of opinion that the decree of the Superior Court, affirming the order of the court of probate, cannot, upon principle, be sustained.
In the case of Hotchkiss v. Beach, (10 Conn., 232,) it was holden that the sole power of determining the nature and character as well as the amount of claims against an insolvent estate, was confided by statute to the…
2Cases cited5 opinions
- Camp v. GrantSupreme Court of Connecticut · 1851
- Waterman Appeal from ProbateSupreme Court of Connecticut · 1857
- Ashmead's Appeal from ProbateSupreme Court of Connecticut · 1858
- Hotchkiss v. BeachSupreme Court of Connecticut · 1834
- Peck v. HarrisonSupreme Court of Connecticut · 1854
3Cited by3 opinions
- Hewitt v. BeattieSupreme Court of Connecticut · 1927
- Delaney v. KennaughSupreme Court of Connecticut · 1927
- Wilkes v. Wilkes, No. Fa95 0147168 S (Mar. 26, 1997)Connecticut Superior Court · 1997