The Barre daily times. (Barre, Vt.) 1897-1959, 1921-01-06
Vermont Supreme Court
Gives Right to Collect
Large Amount
FROM FONDA TRUST
OF HALF MILLION
There Is a Prospect That
Case Will Go to u. S.
Supreme Court

The justices of the Vermont supreme
court on Wednesday afternoon read
several more opinions in addition &c
the list which were read Tuesday
morning. Among these was one which
decided the st. Adams tax case, so.
called which was started last sum.
mer and which was hurried through
in order that the collection of the
taxes might take place. The decision
is called by the attorneys to be 4
sictory for the city and the city will
now be able to collect Sl0,0 900 each for
three years from the trustee fund ere
ated from the Fonda estate and which
was held in trust by the Old Colony
Trust company of Boston.
The case will undoubtedly 60 to SUI
preme court oil the United States, for
q. NJ. Hogan, attorney for the de
Tense, yesterday afternoon in open
court made a statement to that effect /,
but {. H. Darling, an attorney for the
petitioners, stated last evening that
he had argued his case with that in
mind and had called the courts atten-
tion in argument TO the fact that if
Wv utNlHlbi was ltdNNtu bli HIS VIA
tions in the case the higher court
would uphold his attitude in the mat
ter.
The suit in name is as follows: City
Of st. Adams, petitioners, VS. John NJ
Avery and Herbert E. Brigham, VIII
liam H. Fairchild, Fred L. Webster,
Florence H. Bruce, Gertrude E. Fonda,
Frank w. Fonda, Mary G. Hogan and
Howard R. Fonda, petitionees. A writ
of certiorari was brought in connection
with the case.
The decision handed down is after
this form: 1T is, therefore, ordered
that the petitioner may within 10 days
amend the prayer of its petition by
adding thereto prayer for writ Of
mandamus, if it be so advised; that,
therefore, a writ of mandamus in the
nature of a procedendo to issue TO the
commissioner of taxes, directing him
to take such action. forthwith, as the
law provides to ascertain the value
Of the beneficiary in the trust agree
ment in accordance with the views
herein expressed, disregarding in all
things the findings of the former ap.
praisers. If the petitioner does not
amend the PRAYER of its petition with
in this order then the petition is dis
missed. This is as far as we are
called upon to go upon the records
before us"
This case is the outgrowth of the
effort of the city to tax some $500, 900
of the Fonda property held in trust
Other decisions that were announced
were: In Washington county, Ange.
10 Bpttalico vs.'Aldo Pellini, Judgment
affirmed; T. T. Leland " D. r. Leon
ard ct al, judgment affirmed This |
case developed out Of a book account
with many exhibits Of handwriting in
the case and the decision was in ia
vor of the plaintiff in the lower courtl |
Lila Lowell vs.. estate of Aaron |
Wheeler, NJ. P, Ladd, adm, with will |
Judgment affirmed which |
gives the plaintiff her verdict Of 81 .0O6 |
in the lower court She sued !
TO recover wages as housekeeper from |
her father in law.
In Windsor county the case Of John |
L. Congdon vs.. w B. Torrey, the |
judgment was reversed and cause re-
manded. In the lower court Judgment
amounted to $3.50 In Rutland coun-
ty, the Travellers Insurance company
rs. NJ. F. Rooney, Judgment affirmed,
In the lower court the defendant OBJ
tained judgment and costs amounting
10 SOL In Johnson vs. Demarais,
Judgment was reversed and cause re-
handed. The plaintiff got s34 dam
ages in the lower court. Tn the Yer.
mont Hydro Electric corporation VS..
he Rutland city officials, the decree
the demurrer was affirmed,
,ut in all other parts the judgment
vas reversed and the cause remanded.