The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1919-06-05
SUES ESTATE TO
RECOVER 100000
Town of TOwnshend Claims
Large Sum from How
ard Estate
TAXED FOR YEARS
IN BRATTLEBORO
Question of Whether Residence of Ward
Followed That of Guardian Involved
Appeal Is From Decision of Com
nnissioners.

One of the interesting cases to come up
at the next term of the Windham county
court is the suit of the town of Town
shend against the estate OF the late Ilor-
ace c. Howard, formerly of Townshen1
and Brattleboro, in which the town of
Townshend seeks to recover 100000
claimed to be due in back taxes. The suit
is brought by John H. Ware, town agent,
through the Office Of Barber, Barber &
Miller, and'@ counsel for the estate are
Harvey, Maurice & Whitney.
Mrs Addie H. Howard Slack, sister Of
the late Mr. Howard and wife of Rev
f. \. Slack of Brookline, Mass, is the
administrative of the estate, and the le-
gal papers were served on her.
| Last March Mr. Ware presented the
claim of the town of Townshend to the
commissioners, H 7. Wellman and l..
Guy Tasker, which was disallowed. The
| case was in the north probate district
the original guardian for Mr. Howard
having been appointed in the probate
rourt for that district, and Judge Warner
IL Graham of the probate court in Bel
ipNS Il taiiS sAiAtoth an tlHcdl tO ltit GbQltA
court by Mr. Ware from the action OF
the commissioners in disallowing the
claim.
/ Mr.. Howard formerly lived in Town.
shend and his mother was appointed his
guardian in that town In 1887 Mrs How
ard and her children moved to Brattle
boro and after time Mr.. Howard was
committed to the Brattleboro Retreat. H
/ HtaI Vaarl,- IN,
His estate was taxed in Brattleboro. anC
for many years before his death the es
tate was listed under the name of Ez1
Slack. guardian. the latter being Rev f
A. Slack, his brother-in-law. In recent
years the estate was listed at Sl40,00O
but it is understood that the probat,
records show it to be over 100000
In its declaration the town of Town
! shend refers to Mr.. Howard as late o
Townshend' and alleges that from lsS
lawful agents wilfully omitted to max
and deliver an inventory of his taxabl
property to the town of Townshend
To this declaration the estate has fler
demurrer stating that the matters re
ferred to in the declaration are not suffi
cient in law to entitle the plaintiff t
! | Il Judgment anu lHdI lilG deISnldlt ]
not bound to answer The defense ask
that the plaintiff be barred from main
tanning its action. The defense says tina
the plaintiff never assessed a tax agains
! Mr. Howard in the years from 1883 t
1918, and that there is no allegation tina
anything ever was done by Horace {
Howard to prevent the listers from al
certaining as best they could the amoun
of his taxable property and setting it i
the grand list at its value in money a
provided by law.
One of the main points at issue
whether the residence of Mr. Howard 70
!. lowed that of his guardian when the la
ter left Townshend The defense claim
that it did so change, as has been hel
repeatedly in cases where this questio
has been involved
Mr. Howard was son of the late Al
relius Howard of Townshend, who aceun
. ulated large estate i'll western inves
9 | mentS