Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-09-18
II NEW DIVORCE CASES
IN FRANKLIN co. COURT

ST. Adams, Sept. 11.-This morning Judge
Harris B. Chase of Brattleboro, presiding
at the present term of the Franklin coun-
ty court, dismissed the jury until next
Wednesday morning at TO- O'Clock when
the case of Annie Belirose ct al. VS.. Rem
ington Arms Union Metallic Cartridge
company VIII be tried. The case is an
appeal from the award made by the COM
missioner of Industries. The jury cal
endar has gone to pieces. The court took
n recess this afternoon until 1890 o'clock
Wednesday morning after hearing a di-
vorce case of Gibson VS.. Gibson
The divorce docket has undergone a
decided change. Originally there were 80
cases. Two Of them have been heard, but
no decisions rendered. Nine Of the orig
inal cases have been entered as discon-
tnued. although in one Of the cases there
will be a new entry Seventeen new cases
have been entered since the docket was
printed.
Judge Chase, as chancellor has heard
the important case of Marvin Smith and
Z. f. Nye VS.. Wingate w. Munsell and
the Franklin county probate court, and
is keeping the case for final disposition
Mr.. Munsell. u widower of Swanton, mar
red the widow of O. G. Skeels of High
gaze III loJS MTS. SkeelS was tne owner
Of considerable property in her own right
while Munsell had property of a lesser
amount Prior to the marriage there
was mutual verbal agreement. so 1t was
alleged. that each was to have and MAIN
tain his and her ownership and control
of the separate property through life and
upon the death Of either one the survivor
was not to take an interest in the estate
of the deceased.
1t was alleged that soon after mar
riage Munsell attempted to control the
property of his wife which she re-
sisted and thereupon a written con-
tract was entered into and at the same
time a post-nuptial agreement to carry
out the oral agreement made before
marriage was made. After the max
Ing of these written agreements there
was no further conflict between the
parties.
/ Relying on the ante nuptial agree
ment, Mrs. Munsell in 1909 made her
/ will and therein excluded her hus-
band from any part of her estate. She
died in 1915 and at her death Munsell
sought to take a portion of her estate
80 provided for by law. An appeal was
made to the probate court to assign
him husbands share OF the estate,
4
AS the probate court had no power to
enforce the agreements the executors
OF the will appealed to the court of
chancery for an injunction restrain
ing Munsell from interfering with the
settlement Of the estate and for a de-
cree compelling him to perform the
agreements.
: Munsell thereupon denied making
such agreements and the question of
facts was referred to George NJ Ho-
gan of this city as special master and
to make a report. A long hearing was
held, great amount of testimony
taken. and the report made by the spe-
cial master sustained the executors in
their contentious In their bill in equity
Exceptions were filed and then the
hearing before Judge Chase was had
on the exceptions and the report and
the matter Is now with the chancellor
for final report
c. c. Austin & Sons are attorneys
for the plaintiff and F. L. Webster and
F.. G. Furman of Swanton. and d w.
Steele of Highgate Center. are repre-
senting the defendant.