In re Nelson's will

Decided October 15, 1897

Supreme Court of Vermont · decided 1897-10-15

Heard on motion to dismiss the appeal as to the appellant, George H. Davis, at the September Term, 1897, Orleans County, Rowell, J., presiding. It was conceded, and agreed to be treated as apparent of record, that Nelson was the owner of real estate at the time of his death. Said Lizzie G. Davis is his daughter.

Cited by 8 later decisions — most recently May 1918

3 district · 5 state decisions

Relies on Frary v. Booth · Hackett v. Moxley · Hubbard v. Bugbee

Good law ✅— No negative treatment on recordhow we know

Motion overruled · Decided 1897-10-15

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Taft, J.

¶1Any real estate which the appellant Lizzie may take as an heir of the testator will not be her separate estate, which involves as the characterizing fact, that she will hold it to her sole use in exclusion of the marital rights of her husband. Frary v. Booth, 37 Vt. 78; Hubbard v. Bugbee, 58 Vt. 172. And her husband, the appellant George H., will be entitled to the rents and profits of it during coverture. Hackett v. Moxley, 68 Vt. 210. He therefore properly joined in the appeal.

¶2Judgment affirmed and cause remanded.