St. Johnsbury v. Waterford
St. Johnsbury v. Waterford
Opinion of the Court
The pauper, Esther Cushman, is normal, intellectually, in understanding, and in will power. Physically, she is helpless, having lost the use of her hands, feet and limbs in her iniancy. After attaining her majority she is presumed to have become emancipated and to have chosen her place of residence, unless the contrary is shown. Ludlow v. Landgrove, 41 Vt. 137; Westmore v. Sheffield, 56 Vt. 239; Hardwick v. Pawlet, 36 Vt. 320. The pauper continued to reside in her father’s family about four years after attaining her majority, as she had done before. The agreed case does'not state that she was unemancipated during this period, nor that such residing was not from her will and choice. There is not a fact stated to show that her residence was controlled by the will of the father, against her will. She was helpless, and needed the care and nursing of her mother. These facts are not inconsistent with emancipation during this period. Notwithstanding- these facts, her residence during this period in her father’s family, in Waterford, may have been, and doubtless was, in accordance with her choice, wish and judgment. The county court was not required to make any finding of fact, nor inference, from the facts agreed upon. In 1848, when she was twenty-one years old, the father deserted his family and never returned to it. This act was a relinquishment and abandonment of all care and control of the pauper. From 1848 to 1851, the pauper continued to reside in Waterford, as she had done from her birth, but in the family of her mother and brother. The mother and brother were never entitled to the control of the pauper, nor under a legal obligation to support her. She is presumed to have resided with them from choice. That the father, for the first four
Judgment affirmed.
Reference
- Full Case Name
- ST. JOHNSBURY v. WATERFORD
- Status
- Published