94 Vt. 295 | Vt. | 1920
The only question here 'is whether the facts found by the chancellor are sufficient to support the decree. In substance they are these: The plaintiff is the widow of Eden J. Norton, who died intestate, March 14, 1915. At that time he owned a farm, which was his homestead, and which was decreed to the plaintiff by the probate court May 12, 1916. The defendant was a general merchant, and the plaintiff ánd her husband became indebted to him in the sum of one hundred and two dollars. He refused to extend further credit, and on January 2, 1915, the parties made an oral agreement by the terms of which the plaintiff, who was managing the farm during her husband’s illness, was to cut and skid for the defendant enough hardwood timber then standing on the farm, at five dollars a thousand, to pay his claim, and, failing to do that, the defendant had the right to cut enough of the best timber on the farm to pay any balance due him, at three dollars a thousand ‘on the stump. At the time of Eden’s death, there was due the defendant sixty-two dollars, for which a claim was presented to, and allowed by, the commissioners on Eden’s estate. Soon after the death of Eden, one Blackmer was appointed, administrator of his estate. The defendant made an arrangement with Blackmer under which the defendant was to cut 20,000 feet of maple lumber on the farm, according to the terms of his contract with Eden and the plaintiff, to satisfy his claim; and Blackmer obtained the consent of the Ottauqueehee Savings Bank, which held an overdue mortgage on the farm, to this arrangement, provided that he would select and mark the trees to be cut, and that the defendant would cut only trees so marked. Blackmer did not do this work himself, but procured it to be done by one Walker, who, assisted by the defendant, selected and marked such trees, and marked more than were necessary to satisfy the defendant’s claim. The plaintiff denied that the administrator had any right to dispose of such standing timber without a license from the probate court, and “protested and strenuously objected to his making any arrangement to do so. ’ ’ She claimed all of the real estate and standing timber as her homestead and widow’s share of her husband’s estate, subject to the rights of the bank. The defendant, .however, by force and against the protest of the plaintiff, who then resided on the farm, entered thereon and cut and removed 27,912
Decree affirmed, and cause remanded.