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66 Vt. 81

Brown v. Brown

Supreme Court of Vermont

Decided January 15, 1894

Supreme Court of Vermont · decided 1894-01-15

Petition to restrain commissioners appointed by the probate court from setting out a homestead, and for a sale of the premises. Heard upon bill, answers and a master’s report at the March term, 1892, Rutland county. Taft, chancellor, dismissed, the bill with costs. The orator appeals.

Cited by 1 later decisions — most recently January 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1894-01-15

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START, J.

¶1The orator is a creditor of the estate of George W. Brown. Defendant Nancy L. Brown, widow of George W. Brown, made application to the probate court for the district of Fair Haven for the appointment of commissioners to set out her homestead and dower, and thereupon the court appointed the defendants, Francis A. Barrows, Thomas B. Clark and Gardner Parker, such commissioners. The commissioners entered upon the performance of the duties assigned to them and, while thus engaged, they were restrained from proceeding further by the injunction order in this case.

¶2The probate court has jurisdiction of all matters reported by the special master, and power to grant such relief as the *83orator is entitled to and, having taken jurisdiction, we see no occasion for the interference of the court of chancery. R. L., ss. 1898, 1914 and 2220.

¶3Decree affirmed and cause remanded.

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