Semmig v. Merrihew
Supreme Court of Vermont
Assumpsit. Heard upon an agreed statement of facts at the April term, 1894, Chittenden county. • Judgment for the defendant. The plaintiff excepts. The material part of the will was as follows : “ It is my will that all my just debts and funeral expenses be paid and discharged as soon as conveniently may be after my decease, out of the proceeds of my real estate.
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Assumpsit. Heard upon an agreed statement of facts at the April term, 1894, Chittenden county. • Judgment for the defendant. The plaintiff excepts. The material part of the will was as follows : “ It is my will that all my just debts and funeral expenses be paid and discharged as soon as conveniently may be after my decease, out of the proceeds of my real estate. “ I give and bequeath unto my beloved wife, Maggie B. Chittenden, and her heirs and assigns, all the personal property, together with all the household furniture. “ I give, devise and bequeath to my said wife, Maggie B. Chittenden,…
1Opinion of the CourtRoss, C. J.
I. The plaintiff was the wife of Albert M. Chittenden, deceased, and the executor of his will. The principal contention is as to the plaintiff’s rights under the will — which was duly probated — to the amount paid by her to the defendant as guardian of the testator’s daughter, Ethel L., who died before she attained the age of eighteen years. The testator, by his will, charged his real estate with the payment of his debts and funeral expenses. He gave all his personal property and household furniture to the plaintiff. Then, subject to the payment of his debts and funeral expenses, he devised…
2Cases cited3 opinions
- Farwell v. SteenSupreme Court of Vermont · 1874
- Foss v. SowlesSupreme Court of Vermont · 1890
- Congdon v. CahoonSupreme Court of Vermont · 1875
3Cited by2 opinions
- Boyd v. Town of HartfordSupreme Court of Vermont · 1942
- Durfee v. MacNeilOhio Supreme Court · 1898