In re Enoch Vincent's Estate

• Decision Date: 04 January 1911
• Citation: 78 A. 714,84 Vt. 89
• Parties: IN RE ENOCH VINCENT'S ESTATE
• Court: Vermont Supreme Court

78 A. 714

84 Vt. 89

IN RE ENOCH VINCENT'S ESTATE

Supreme Court of Vermont

January 4, 1911

October Term, 1910.

APPEAL of Hiram L. Sparrow, as executor of the last will and testament of Enoch H. Vincent, from a decree of the probate court distributing the testator's estate; the estates of Jane K. Somerville and Ella D. Collins, Appellees. Heard on appellees' motion to dismiss the appeal, at the March Term, 1910, Washington County, Butler, J., presiding. Motion to dismiss overruled. Hearing on an agreed statement of facts. Judgment affirming the decree of the probate court. Appellees excepted. R. M. Harvey and E. M. Harvey for the appellees.

Decree overruling the motion to dismiss the appeal reversed, and the appeal dismissed with costs to the appellees. To be certified to the probate court.

Fred L. Laird for the appellant.

Present: ROWELL, C. J., MUNSON, WATSON, HASELTON, and POWERS, JJ.

OPINION

WATSON

This case is here on the appeal of Hiram L. Sparrow, executor of the last will and testament of Enoch H. Vincent, deceased, from the decree of the probate court, by which the estate of the testator is ordered to be distributed. The appellees moved to dismiss the appeal, for that the appellant has no such interest in said decree as entitles him to appeal therefrom. The petition for the appeal shows the appellant's relation to the estate to be that of an executor, simply. This relation neither gives him any legal right, nor places him under any legal liability, which may be enlarged or diminished by the decree of distribution. It follows that he has no such interest as is necessary by statute to the right of appeal (P. S. 2973), and the motion to dismiss should have been granted. Hemmenway v. Corey, 16 Vt. 225; In re Clark's Estate, 79 Vt. 62, 64 A. 331, 118 Am. St. Rep. 938.