64 Vt. 193 | Vt. | 1891
The opinion of the court was delivered by
This is an appeal from the judgment of the Probate Court for the district of Fair Haven, accepting and approving the report of the committee appointed by said court to divide and make partition of the real estate of Robert T. Parsons late of Castleton in said district, deceased, to and among the persons entitled thereto. A part of this real estate lay in common and undivided with other real estate vested in the heirs of the late John O. Parsons, as tenents in common, of whom the said Robert T. Parsons was one. The heirs and representatives of the two estates are not identical. The appellant, Catherine M. Davis, is not an heir of Robert T. Parsons, but is an heir of said John O. Parsons, and one of the owners, as tenant in common, of the real estate vested in his heirs. It was the duty of the committee to first divide and sever the estate of Robert T. Par
It thus appears that the committee did not attempt to act under the authority of their appointment by the Probate Court, but wholly under the alleged agreement of the parties constituting them arbitrators in respect to the matters named. Their so-called report is therefore simply their award in the premises. The Probate Court had no power by statute to permit such a reference or submission, nor to ratify it by confirming the award
This view of the case renders it unnecessary to consider the so-called plea in bar and demurrer thereto.
Judgment reversed. Cause dismissed for want of jurisdiction. Judgment to be certified to Probate Court.