Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1886-09-17
THE BURTON CuANCERY CASE.
The Supreme Court Renders "a Decision
in Mrs. Burton's Favor.

The supreme Court Renders Decision
in Mrs. Burton's Favor.
The decision in the famous chancery
case of Laura w Burton, against Oscar
a. Burton and David Noyes Burton, has
at last been announced and will be found
below. The case was "A bill IN equity,
brought by Mrs Burton, to enforce the
performance of an agreement of separa-
ton made between her and her husband,
Oscar A. Burton, in November 1876 In
this agreement the two agreed to separate,
and the home place in this city was deed
ed by Mr. Burton in trust TO their son, d..
NoyeS Burton, to be occupied by Mrs.
Burton, who was also to receive Il certain
allowance III money to be paid quarterly.
Mrs. Burton in her bill complained of
breaches of the agreement, III failure and
hindrance of her occupancy of the prem
Uses according to its terms thereof in neg
lect to keep the property in repair, and in
an attempt to destroy the trust and her
rights under it, by a secret conveyance
of the property back to Mr.. Burton, with
ont her knowledge aud consent and she
prayed for the removal of Noyes Burton
Is trustee, and the appointment of an
other trustee. also for an order of court
20 Mr.. Burton to pay such sum us is
needed to put the place i'll re
pair, ana such further sums as
tons of the trust; also for an injunction
forbidding Mr.. Burton to exercise any
Joint occupancy of the place, or dlstur-
bance of herself, or any interference with
her control of the same.
The case was argued at the general
Germ of the Supreme Court at Montpelier
Last November, by Hon. Henry Ballard
and Hon. Daniel Roberts for Mrs. Burton,
and Hon. l.. p. Poland and +. X. Hard,
Esq, for the defendants. All the judges
participated in the hearing. The decision
now announced is in favor of Mrs. Burton
and gives her all she asked for. The
standing of the parties the peculiar fea-
lures of the case, the eminence of the
counsel and all the circumstances, have
aroused wide interest in the case. The
decision is as follows
LAURA w. BURTON, by
NEXT FRIEND,
VI. }CHITTENDEN COUNTY
o. A. BURTON, AND SUPREME CouRT
ID. n. BURTON. IN CHANCE Y.
Mandate. The decree of the Court of Chan
Gerry in the above titled cause is reversed and
cause rcmandrd with mandate that Il decree
be entered that David Noycs Burton be re-
moved from his Off e and position of trustee
under and by virtue of the deed of trust and
agreement set forth in the oratriX's bill, and
that some other suitable person be appoint
cd as trustee in the place OF SAID David Noyci
Burton tor the purposes specified in said deed
and agreement ana that said Oscar a. Bur-
ton be ordered and dccrc"d to convey ire
premises ard property described in the ora
triX's bill to the trustee to toe so appointed, by
some time to bc tNcd by sand court; and that
until such conveyance is executed by said
Oscar A.. both he and the said David Noycs
be restrained and prohibited from dispOsng
OF said premises and property or in any man
ler incumbcring the same, or in any manner
interfering with or disturbing the oratrix in
the possession and occupancy of said premI-
ses and property; ana that the said Oscar A.
he restrained from going to or remaining in
the house described in the bill except when 1t
may be necessary for the purpose of carrying
out and performing the covenants and agree
ments contained in said deed of trust and
agreement
And further that the cause be referred
20 Il master or masters to ascertain and re
port what. II any repairs, il is necessary
% make on the buildings and premises des-
9ribed in said trust deed in order to comply
With the requirements of the same, and what
me expense OF making them will be, and that
rhe said Oscar a. be decrecd to pay the sum,
40 to bc asccrtained to the trustee, so to be
appointed by some day to be fixed by the
court.
The OratriX is to recover her costs in this
court and such further costs as the Court of
Chancery may decree to her.
The case Is to remain on the docket of the
Court of Chancery for such further pro-
,eedngs and orders us NAV be necessary.
HOMER l.. ROYCE,
For Court.