Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1888-12-10


this provision shall be subject to the exception
IN relation to the dover of the widow in sucl
case
SEC. 2 All acts or parts of acts inconsistent
herewith hereby repealed.
Approved November n, 1888.
, NO. TAN ACT IN AMENDMENT
OF SECTION TWENTY-FIVE HUN
DRIED AND THIRTY OF THE RE-
VISED LAWS, RELATING TO Els
TATES OF DECEASED PERSONS.
1t is hereby enacted By the General assembly
ofthe State Of Vermont:
SEC. l. The third subdivision Of section
twenty two hundred and thirty of the Re
yised Laws, is hereby amended SO as to read
as follows
THIRD If the deceased person leaves no
issue, nor surviving husband or wife, as the
case may be, the estate shall descend in equal
shares to the father and mother of such de-
ceased person; and if the mother IS not liv-
ing the estate shall descend to the father;
or if the father is not living and the mother
survive, one-haf of said estate shall descend
to the mother; and the remaining half shall
descend in equal shares to the brothers and
sisters of the intestate, and to the legal rep
resentatives of deceased brother or sister.
SEC. g The fourth subdivision of sec
ton twenty-five hundred and thirty of the
Revised Laws is hereby amended so as to
read as follows:
FOURTH If the deceased person leaves
no issue. nor wife, nor husband, nor father,
nor mother, the estate shall descend in equal
shares to the brothers and sisters of such
deceased person, and to the legal represen-
tatives Of a deceased brother or sister.
Approved November II, 1888.
No. 7S.-AN ACT TO AMEND SECTION
| 4 IC AVIS
LATINO TO APPEALS FROM COM
MISSIONERS.
1t IS hereby enacted By the General Assembly
Of the State Of Vermont:
SEC. l. Section 2271 of the Revised
/ Laws shall be amended by adding thereto
the following words
g In case of such an appeal, if any claim
in favor Of thee estate against the claimant,
| or any claim in favor of the claimant
against the estate, has not been presented to
the commissioners by reason of fraud,
cident or mistake, on trial of said appeal,
upon filing proper statements OF claim IN
county court, recovery may be had for said
claim not presented to the commissioners by
reason of said fraud, accident or mistake"
SEC. 2. All acts inconsistent with this
act are hereby repealed.
SEC g. This act shall take effect from
its passage.
Approved November %, 1883.
No. 79.-AN ACT RELATING TO THE
PROOF OF CLAIMS IN INSOLVENCY.
Ii Is hereby enacted By the General assembly Of
the State Of Vermont:
Sec L. The first subdivision of section
thousand eight hundred of the revised laws
is hereby amended so as to read follows:
Debts due and payable from the debtor at the
time of the filing of the petition may be proved
and allowed against his estate at any meeting
of the creditors holden within six months after
the adjudication of insolvency and debts exist
ing but not payable until future day may be
proved and allowed as if presently payable,
with discount of interest when no interest is
payable by the contract and all claims not filed |
within six months from the adjudication of in
solvency shall be barred; provided that the court
of insolvency may in its discretion, continue the
hearing upon any claim presented within the six
months limited, may in its discretion permit a |
creditor who has been debarred by failure to re-
ceive due notice of the meetings of creditors, or
other reasonable cause, from proving his claim |
within the time limited to prove his claim at |
any meeting of the creditors.
SEC. 2. Section one thousand eight hundred |
and eleven of the revised laws is hereby amended
by striking out the last two lines. containing the
words, : But the Judgment of the county court |
shall be certified by the clerk thereof to the |
court of insolvency.
SEC. B. Section one thousand eight hundred |
and twelve of the revised laws is hereby amended
to read as follows: Such appeals shall IN |
bond for costs, exceptions to the supreme court /
and the method OF certifying the final Judgment
to the court of insolvency, by the laws applica-
BILE to appeals from the finding of commissioners
in the probate court. The party prevailing on /
appeal taken under section one thousand eight /
hundred and ten section one Thousand eight /
hundred and sixty flour of the revised laws shall
be entitled to costs against the adverse party, to
be taxed and recovered as IN suits OF law IT re-
covered against the assignee they shall be al !
lowed out of the estate, and the lists schedule |
Of nnf cba all n noea ha amended a
respond to the final Judgment
SEC. 4. This act shall take effect from its
passage, but shall not apply to pending causes.
Approved November n, 1885,
NO. sO.-AN ACT MAKING A MAR
RIED WOMAN ELIGIBLEAS GUAR
DIAN OF HER HUSBAND, UNDER /
THE PROVISIONS OF CHAPTER |
125 OF THE REVISED LAWS.
1t is hereby enacted by the General assembly
Of The State Of Vermont
SEC. 1. A married woman shall be eligi- /
bic to the appointment of guardian of her
husband, under the provisions of chapter
125 of the Revised Laws, and whenever APP
pointed such guardian, she shall have the
same rights, powers and privileges, and be
subject to the same liabilities as if she were
an unmarried woman.
SEC. 2. This Act shall take effect from
its passage.
Approved November 7, 1885,
No. sian ACT IN ADDITION TO
CHAPTER 105 OF THE REVISED
LAWS, RELATING TO EXECUTORS
AND ADMINISTRATOR
1t is hereby enacted blythe General assembly
of the State Of Vermont:
SEC. 1. When an executor or administra-
tor dies, resigns, is removed, or his author
ity is extinguished, leaving remaining ex-
ecutor or administrator, administration may
be granted to some suitable person as adj
minstrator or as administrator with the
will annexed, with such remaining executor
or administrator of the estate not admins
tered, upon the application of any person
interested in the estate of the deceased, as
widow, heir, creditor, devisee, legatee or
their legal representatives.
Sec q An administrator appointed
under the provisions of section L of this act
shall have the same power in settling the
estate as the remaining executor or admin
has and with said executor or adj
may prosecute or defend actions
commenced by against the former exec
utors or administrators, and may sue out
scire facias, and have execution on judg-
ments recovered in the name af such former
executors or administrators.
SEC. 3. When, on the application of the
widow, heir, creditor, deyisee or legatee of
a deceased person, or their legal represen-
tatives, it appears to the probate court, on
hearing both parties, that the bond of the
executor or administrator is not sufficient,
the court shall order the executor or admin
istrator to give a new and sufficient bond
and, If the executor does not within time,
to be limited by said court, give new
bond, the court shall remove him and APP
point some other person in his place.
SEC. 4. When on the application of a
surety on an executors or administrator
bond, and on hearing both parties by the
probate court, it appears that he is in dan
ger of suffering thereby, the probate court
shall order the executor administrator to
settle his account, and to give a new bond i.
and when such new bond is filed and APP
proved shall discharge said surety from ! /