96 Vt. 110 | Vt. | 1922
This is an appeal from the decree of distribution made by the probate court in the estate of Arabelle P. Simonds, and on exceptions to certain findings of fact by the county court. The appellant and exceptant is Herbert E. Powers as administrator of the estate, also individually. It is conceded that individually he has proper standing in review; but it is
Robert H. Simonds is grandson and only heir at law of Arabelle, P. Simonds who died intestate at Pittsford, this State, on the 25th day of January, 1919. On June 14, 1918, the intestate, acting through her agents in this State, and at Pasadena in the State of California, where her grandson then lived, sent a draft, drawn to her order and indorsed by her to the order of her grandson, for the sum of $1,327.17, together with a receipt which she instructed to be drawn, the draft to be delivered to him at Pasadena, on his signing the receipt which was to be returned to her agent here. Pursuant to these instructions the draft was delivered to the grandson, and’ the receipt, signed by him, was returned. The receipt is as follows:
"Pasadena, Calif.
June 1918.
"Received from Mrs. Belle P. Simonds, thirteen hundred and twenty-seven 17-100 dollars in full for my share in her estate, $1,327.17.
Robert' H. Simonds. ’ ’
The estate of the intestate amounts to several times the sum represented by the draft, and the real question in this case is whether the receipt, given by the grandson, debars him from taking the estate' under the statute of distribution and descent. The judgment below was that the sum received by him by way of the draft for which the receipt was given, be added to the residue found by the probate court to be in the hands of- the administrator for final distribution in the estate of the intestate, as an advancement to the grandson, and that the latter is not barred from participating in the distribution of the residue of the estate by reason of his receipt given for such advancement. In its essentials the writing given by the grandson to the grandmother, involved in the ease at bar, is in form very similar to that given by Moses Robinson, Jr., to his father for money and property réceived by the son "to be in full' of” the father’s estate, under
Thus it is seen that the law, as laid down in those three cases, has been the law of this State for .more than a century, and, being so established, we think it was rightly followed by the court below in rendering the judgment now under review. The discussion of the common law principles, and the statute relating to advancements, leading to the doctrine enunciated in those cases, is so complete and satisfactory that further discussion at this time is superfluous. Considering the long length of time the law of the subject has been thus established and followed in this jurisdiction, the fact that a different rule obtains in many, though not in all, of the sister states, is of little moment.
Exception was taken to several findings, as not supported by evidence; and to two findings, as contradictory to some prior finding. But, under the interpretation of the law given above, each of the findings to which objection is made, is immaterial to the result of the case. Consequently these exceptions are not considered.
Judgment that the appeal and exceptions taken by the administrator are dismissed. Judgment affirmed, with costs to the plaintiff from the appellant Herbert E. Powers, individually. To be certified to the probate court.