Wilbur v. Nichols
Supreme Court of Vermont
This was a bill in chancery brought by the orator as the administrator of James Nichols to set aside a deed dated November 10, 1884, from the said James to the defendants, on the-ground of undue influence and mental incapacity and for the further reason that the same was without consideration and void as to the creditors of the estate. The case was heard at the September Term, 1887, upon bill, answer, master’s report and exception thereto.
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This was a bill in chancery brought by the orator as the administrator of James Nichols to set aside a deed dated November 10, 1884, from the said James to the defendants, on the-ground of undue influence and mental incapacity and for the further reason that the same was without consideration and void as to the creditors of the estate. The case was heard at the September Term, 1887, upon bill, answer, master’s report and exception thereto. Tylerr Chancellor, dismissed the bill with costs. The orator appealed. In 1872, James Nichols married Mary E. Nichols and lived with her on the farm…
1Opinion of the Court
*436The opinion of the court was delivered by
Powers, J.
The bill in this cause was brought by the administrator of James Nichols in behalf of creditors to set aside the-deed of the intestate to the defendants, executed November 10,. 1884, and the cause heard with that of Mary E. Nichols against the same defendants ante 426.
In the case of Mary E., the widow of James Nichols, the deed in question was held inoperative against the property rights of' the oratrix by reason of the fraudulent purpose which prompted-its execution.
In this ease the master reports that he docs not find any fraudulent intent…
2Cases cited3 opinions
- Brackett v. WaiteSupreme Court of Vermont · 1832
- Dewey v. LongSupreme Court of Vermont · 1853
- Durkee v. MahoneySupreme Court of Vermont · 1825
3Cited by8 opinions
- Becker v. BeckerSupreme Court of Vermont · 1980
- Katz v. RichmanSupreme Court of Connecticut · 1932
- Glinka v. Bank of Vermont (In Re Kelton Motors, Inc.)United States Bankruptcy Court, D. Vermont · 1991
- Wilson v. SpearSupreme Court of Vermont · 1894
- Jones v. WilliamsSupreme Court of Vermont · 1920
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