Pringle's Estate, In re
| Citation | 119 Vt. 8,117 A.2d 379 |
| Decision Date | 04 October 1955 |
| Docket Number | No. 550,550 |
| Parties | In re ESTATE of Bessie PRINGLE. |
| Court | United States State Supreme Court of Vermont |
Carl S. Gregg, St. Albans, for appellant.
Ready & Brown, St. Albans, for appellee.
Before JEFFORDS, C. J., and CLEARY, ADAMS, CHASE, and HULBURD, JJ.
This is an appeal from the acceptance and allowance by the probate court of the report of the commissioners in the estate of Bessie Pringle allowing a claim presented by Irene Corrado. A motion to dismiss the appeal was filed by the claimant in the county court. A judgment was entered granting the motion with exceptions to the appellants.
There are several grounds set forth in the motion. The only one argued before us is, in substance, that the appellants did not file in county court a certified copy of the record of the proceedings appealed from a provided in V.S. 47, § 3099, since the appeal papers do not include therein a certified copy of the commissioners' report filed in the probate court. Such a copy was filed in the county court after the expiration of the time allowed under V.S. 47, § 3092, for entering appeals from the probate court to the county court.
§ 3099 reads as follows:
It was stated on argument, in substance, that, as viewed by the appellee, the important, if not the only question to be decided is whether a certified copy of the commissioners' report is an essential part of the record of the proceedings appealed from referred to in § 3099.
The material facts set forth in the report are the name of the creditor, the nature of her claim and the amount allowed by the commissioners. These same facts appear in the application for an appeal from the order of the probate court accepting and allowing the report of the commissioners. This application constitutes a part of the record certified by the probate court to the county court. This being so, even though it be assumed that a certified copy of the commissioners' report was an essential part of the record of the proceedings, as claimed by the appellee, which we do not decide, it was not necessary that it be included in such record in the present case as the material facts contained...
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...They are entitled to liberal and objective construction to further, rather than restrict, the right of review. In re Estate of Pringle, 119 Vt. 8, 9, 117 A.2d 379; Appeal of Maurice, supra, 117 Vt. at page 268, 90 A.2d at page 443; In re Walker Trust Estate, 112 Vt. 148, 151, 22 A.2d Rule 7......
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