96 Vt. 373 | Vt. | 1923
This is a bill in chancery seeking a construction of the will of Zopher M. Mansur, late of Newport. From a decree sustaining the demurrer of the defendant and dismissing the bill, the plaintiff appeals.
The following facts fairly appear from the allegations: The plaintiff is the duly qualified executor of the will and residuary legatee under it. A doubt has arisen as to the true meaning and construction of that paragraph of the will making a bequest to Sallie L. Storrs, afterwards Sallie Storrs Tate, in the following terms: “I give to my granddaughter, Sallie L. Storrs, the sum of thirty thousand dollars, to be placed in the hands of a trustee, the income thereof to be paid to the said Sallie L. Storrs, semi-annually; one-half .of the principal to be paid to the said Sallie L. Storrs when she shall become thirty years of age, and the remaining half when she shall become thirty-five years of age.” Sallie L. Storrs Tate deceased on November 23, 1921, leaving a husband, Clifford Tate, the defendant, and a minor daughter, Sallie Ann Tate, surviving her. The defendant is the administrator of Sallie Storrs Tate and-the guardian of Sallie Ann Tate. The question submitted is whether Sallie Storrs Tate took a vested right or a contingent interest under the bequest above set forth.
Prior to the passage of No. 40, Acts of 1896, now G. L. 3228, it was the established law of this State that in respect of the settlement of the estates of deceased persons, the jurisdiction of the court of chancery was not original, nor concurrent with
In the respect last named, at least, the allegations of this bill are inadequate. For aught that appears, the estate is fully administered or practically so; no occasion is shown for holding it open; and no good reason is given why that court should not be appealed to for the construction here asked for.
Decree affirmed and cause remanded.