Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1870-03-11
Windsor County Supreme Court.
FEBRUARY TERM, 1870.

as will interest our readers in the south-
ern part OF Windsor county.
Fletcher C. Sherwin q. WIN. Piugry,
Administrator. Appeal from chancery
by orator. Heard February term, 1869.
Peck Judge. Decree Of Court Of Chan
Gerry reversed and case remanded to the
Court of Cbaneery for decreeto be en-
tered for orator but without costs in Su-
preme Court. Chapman, Robbins and
Adams for orator. Pingry and Deane
for defendant.
Proprietors of Claremont bridge q.
Carlos Royce. Case for passing over
certain land to avoid paying toll. Plain
tifis held deed from Charles Jarvis, of
the following interest in piece of land
in Ascutneyville north of the west end
of their bridge "the right to control
all passage over the land described in
the deed for the purpose of avoiding
paying toll to said bridge proprietols,
and the right to obstruct travel over
said land for said purpose" Defend
ant passed over the land described and
crossed the river on the ice to avoid pay
ing toll, and this suit is brought for dam
ages for so doing, in the County Court,
plaintiffs recovered nine cents and costs.
Exceptions by defendant. The defend
ant claimed that plaintiffs being a for
eign corporation could not hold land in
Vermont, and that the rights mentioned
in the deed were not such as could be
conveyed by deed. The judgement for
plaintiff was affirmed Edminster for
plaintiffs. Deane and Fullam for de-
PENDANT.
Sarah A. Wiser y. Estate of Sumner
Lockwood. Appeal from Windsor
Probate Court. Appellant claimed to
be the widow of S. Lockwood, and to be
entitled to her share as widow of his es-
tate, which rights the Probate Court de-
MED. The case turned upon the validity
of their marriage. The case was referr-
ed to Hon. D. C. Dennison, who reported
that Lockwood was not of sound mind
at the time of the marriage of Sarah A.
at the age Of Il years, and 6 months.
to S. Lockwood at As years of age, and
be was not then nor did he afterwards
become capable of entering into valid
marriage contract or any other contract.
Prior to the marriage he had been ad-
Judged lunatic by the Probate Court.
There was never any issue Of the mar
riage. The County Court held the mar
riage valid, and the Supreme Court,
wheeler Judge, delivering the opinion
affirm that decision, holding that there
having been marriage in fact, in law
full form, that the marriage remained of
full validity until declared null and
void by the Supreme Court, on Ia direct
proceeding instituted forthat purpose by
some heir Of the insane party Lock
wood, interested to avoid the marriage,
and adjudged that the said Sarah is en-
titled to dover and other rights as widow
of the deceased. Deane and Fullam for
plaintiff. Pingry and Adams for defen-
dant.
Amos Upham .. Lucius Upham ct al
Petition for partition Of lands in Wealth.
ersfield. The principal question arose
Upon the construction of the will Of Ba,
ruk Upham who died about 1918. The
clause was this, II give and devise tc
my son Baruk, the use and improvement
during his natural life, and at his dc
ease to be the estate Of his heirs accord
ing to law, the following real estate
[desontrix et.l Did the estate pass tc
the heirs, i. e. children of Baruk and
rest in them at the death of the testator
when the male children took double the
shares of the female children, or at the
death of Baruk in 1867, when all share
equally? That was the principal ques
ton discussed. The County Court ruled
that it rested on the death Of William
Upham the testator, and ordered parti.
ton accordingly. The Supreme Court
however reversed that ruling, and de
eided that the persons meant as being
entitled to share in the property, were
those who should be the heirs of Barub
by the event of his death, and that they
should take in the same proportion, as i
they were to take an inheritance from
Baruk, under the laws governing the de
scent of real estate in intestate estate:
in force at the death of Baruk. Pingry
and Closson for the male heirs. Deans
and Davis for the female heirs who ex
cepted to the decision in the County
Court.
Edward Alvord y. Aaron X. Daven
port. Trover for gray mare, Wagon
and harness left in the possession of deft
a hotel keeper in Chester, VT, by on,
Pierce, in March, 1864, but borrowed
from nlaintiff in Snrinofiald Mace q, -