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24 Vt. 303

Steen v. Bennett

Supreme Court of Vermont

Decided February 15, 1852

Supreme Court of Vermont · decided 1852-02-15

Assumpsit upon a promissory note executed by the defendants to Seth Herrick in his life time. Plea general issue, and trial by jury. It appeared that the action was brought to the county court by Oshea Smith, administrator of Herrick, and in whose name it was entered.

Cited by 1 later decisions — most recently May 1888

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-02-15

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By the Court.

¶1It has been repeatedly decided by this court, that a decree of the probate court, within its proper sphere of jurisdiction, is equally conclusive, as that of any court of general common law jurisdiction, and entitled to the same presumptions in its favor. The matter of appointing and removing administrators is a matter exclusively within the jurisdiction of that court,S and if noth- j ing more appeared in regard to the appointment of a new administrator, than the fact, it must be presumed that a vacancy occurred, in some legal mode, unless the contrary appear upon the face of *306the decree. Here it appears to have been upon the resignation of the former administrator, without assigning the ground of the resignation. As the decree was not appealed, frpm, we must .premise itjvas jupgn .some sufficient and legal .ground. A decree of this kind cannot be attacked in this collateral manner, more than any other judgment. This is not a matter in which the defendant has any interest, except to have the judgment a bar to any future suit.

¶2The entry in the county court of the name of the second administrator, is matter of course; it is a thing which -the county court could not legally refuse. And it is not important, that he should be designated de bonis non. Every administrator, after the first, is so in fact, and it is not important it should so appear of record.

¶3The Compiled Statutes, Ch. 47, Sec. 4,.expressly provides, that “ certificates of probate, of administration, &c., may be given in evidence and have the same effect, as the letter of administration,” i. e. it is sufficient to prove the appointment of the administrator, and that is all that is necessary in the present case. The rest, as we have seen, is matter of intendment, and legal presumption.

¶4Judgment affirmed.

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