Legal Opinion

Shaw v. Shaw

Supreme Court of Vermont

Decided January 15, 1834PublishedCited by 21 opinions

This was an action on book, referred to an auditor, from whose report the following facts appear: Jonathan Shaw, husband of the defendant, by his will devised his real estate to the defendant for life, arid after her decease, to be left for the support of his two daughters, Sarah and Susannah. He died leaving three sons, Benjamin, (husband of the plaintiff) Daniel and Peter, .and four daughters.

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This was an action on book, referred to an auditor, from whose report the following facts appear: Jonathan Shaw, husband of the defendant, by his will devised his real estate to the defendant for life, arid after her decease, to be left for the support of his two daughters, Sarah and Susannah. He died leaving three sons, Benjamin, (husband of the plaintiff) Daniel and Peter, .and four daughters. After the decease of Jonathan, the defendant was for some time supported by the three sons.— After a few years, an agreement was made between the three sons that Benjamin should take the defendant and…

1Opinion of the Court

The opinion of the Court was pronounced by

Collamer, J.

— It is insisted for the plaintiff, that she ought to recover, because the auditor does not report, directly, that the defendant ever agreed to the arrangement made by Benjamin Shaw with his brothers. An auditor’s report does not resemble a special verdict in every respect and in all its consequences. On a special verdict, the court must render judgment; but on an auditor’s report, it may be recommitted to supply defects. The auditor must report facts, not the evidence of those facts;, but the court may make all the presumptions which…

2Cases cited1 opinion

  1. Dowdle v. CampNew York Supreme Court · 1815

3Cited by21 opinions

  1. Brandeis v. NeustadtlWisconsin Supreme Court · 1860
  2. Kellogg v. ShusherebaSupreme Court of Vermont · 2013
  3. Day v. WilsonIndiana Supreme Court · 1882
  4. Gillespie v. BattleSupreme Court of Alabama · 1849
  5. Collier v. CoatesNew York Supreme Court · 1854

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