The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1921-08-02
SUESESTATE
OFT.N. Vail
FOR $500
Action Brought In County
Court by John w.
TitcOmb

An interesting case was heard
in Caledonia county court Monday
afternoon in which John w. Tit
comb, now of Albany, N. Y, sued
to recover $4,000 from the estate
of Theodore N. Vail. 1t is an APP
peal from the findings of the COM
missioners in the estate and grows
out of a contract between Mr.. Vail
and Mr.. Titcomb whereby Mr.. Tit
comb served as Mr.. Wallis private
secretary from September 13, 1909
to October l, 1916. The claim
was presented November 27, 1920,
and disallowed.
August 26, 1909 while Mr.. Tit
comb was connected with the U.
S. department of fisheries in
Washington, Mr.. Vail wrote him
from his New York City Office as
follows:
81 hereby offer you the position
of private secretary in Vermont
and elsewhere on my personal ac-
count. The service to continue so
long as it is mutually agreeable.
In any case, you are to receive one
years salary and should our rela-
tions be discontinued at the OPP
ton or will of either of us after
one year, YOU are to receive six
months salary.
+ 'Tf | should dispose of my Ver-
mont property. or in case of my
decease before the end of the first
year and you are in my employ
ment at the time, you are to re-
ceive out of the estate $4,000. If
before the end of two years, you
are to receive $500, and at any
time thereafter, $4,000. This is
to be in lieu of all claims of any
nature against me or against the
estate"
an another letter in Mr.. Wallis
own handwriting the same day, he
says: SALARY to be at the rate of
$4,000 per year to be paid from
New York and not to be spoken
of by you or anyone else. Don't
say anything about this at pres
ent". Il
Mr. Titcomb accepted and. this
letter-contract was in force until
Mr.. Titcomb left Mr.. Walls en-
ploy. 1t is the Interpretation of
the wording of this contract that
the court is asked to decide.
The only witness used was Wal
lace N. Hubbard of Lyndon, for
% years the farm manager for
Mr.. Vail at Speedwell Farms. Mr..
Hubbard was improved as wit
ness for both sides in identifying
the extent and value of Mr.. Wallis
real estate holdings during the
period in question. All the other
evidence introduced was the letters
that passed between Mr.. Vail and
Mr.. Titcomb.
Mr.. Titcmb claimed 81, 500 for a
half years salary also that he was
entitled to $4,000 under the terms
of the contract, as he claimed that
the substantial part of Mr.. Wallis
holdings in real estate in Vermont
had been disposed of during his
lcIIu do tJI iNd dtC eiiib IVA
this reason he left the Vail employ
as it was to oversee this property
that he was first asked to enter Mr.
Wallis employ. On the other hand,
the defense testimony tended to
show that the property held by
Mr.. Vail when Mr.. Titcomb left
his employ was quite considerable,
including much in Lyndon that
was later willed to Lyndon lnsti-
tute the Chandler Pond property,
so-called, in Wheelock and the real
estate in Groton and Topsham.
The Vail estate was represented
at the hearino by A. A, NMarsters OF
New York city, one of the execu-
tors of the estate, and his attor-
neys were w. B. c. Stickney vi
Rutland, David E. Porter of st.
Johnsbury and Neal NJ. Munroe of
New York City. Mr.. Titcomb's at
torneys were Shields and Conant
of CT JnhD hurv