The Vermont lease lands, Part 44

Author: Bogart, Walter Thompson
Publication date: 1950
Publisher: Montpelier, Vermont Historical Society
Number of Pages: 478


USA > Vermont > The Vermont lease lands > Part 44


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46


Towns, of lands pertaining to, by town officers, 78-80; town school land of in unorganized areas, legislation on, 256-257 ; land records of as kept by town clerks, 272; towns responsible


for several groups of, 295-303; re- lation of to town treasurer's duties, 295 ; relation of to town clerk's du- ties, 295-296; report on by Vermont Educational Commission, 295-296; review of 1946 town reports respect- ing, 297-300 ; conditions of town re- ports respecting income from Gos- pel right, 299; evaluation of, 299, 303; income from, 301; effect of localism on, 301-302; nature of causes of litigation about, 302-303 ; attitude of towns toward, 303


SPG, of lands of, 80-81, 266, 274- 284; losses of lands, 274-275; not effective in early days, 275; effect on of technique of, 275; estimate of annual income from, 275; evaluation of, 277; early system of laid out by Society in London, 277; failure of Diocese to set up good system of after 1927, 277; record of early de- velopments of, 277-278 ; early efforts by Vermont Episcopalians to se- cure, 278; system of powers of at- torney for, 278; period of inaction, 279 ; report on in 1823, 279 ; difficul- ties with county agents, 280; de- scription of system of, 280-282; modification in system of since 1927, 281; state agent for, 281; efforts to centralize data on, 282; problems of respecting timber lands, 283; in re- lation to distinctive aspects of legal status of, 283. See also Adverse possession; Diocese; Legislation ; SPG


Grammar schools, of lands pertaining to, 81-83, 284-295; modernized scheme for provided by legislature, 264; as affected by developments in secondary education, 284; original scheme for, 285; initial change in scheme for, 285; quality of ques- tioned, 288; example of conditions of found in records of Orange County Grammar School, 288-289 ; evaluation of financial aspect of, 291; criticisms of, 292; disparities in re-


442


VERMONT LEASE LANDS


ports to legislatures of 1878 and 1882, 293. See also Grammar school lands


University of Vermont, of college lands of, 86-87, 87 n. 49, 259, 266- 274; state administrators provided for in legislation of 1787, 245; con- dition of early records of, 267; rec- ords of characterized, 268; early ef- fort of, 268; report of to legislature of 1804, 268, 270, 270 n. 13, 271; rec- ords of, 269; negligence of, 270-271; annual income from not ascertained, 271; losses of lands, 271 n. 16, 272, 274; conveyance of lands, 272; leases of lands, 272; respecting tim- ber cutting, 272; in relation to rec- ord of litigation, 274. See also Col- lege lands; University of Vermont First settled minister, of lands of right of, 303-309; legislation for in un- organized areas, 162; distinctive character of, 303-304; provision for by legislature, 304; treatment of in town reports, 305. See also First settled minister land


Gospel right, of lands of, first legisla- tion for, 259; in unorganized areas, 260. See also Gospel lands


Schools, local influence on, 301-302; types of school districts, 302. See also Town schools; Town school lands


Adverse possession, in relation to lease lands, 109, 113-114, 121 n. 97, 125, 151- 152, 157-163, 204; claim of, 130; effect of on conveyances, 146; attitude of court to losses of lease lands by, 158; attitude of court to other lands, 158; as to SPG lots, 158, 161-162, 222, 275, 275 n. 27; responsibility of lessee to get in, 161; legislation on, 161-162, 228-231, 364-365; as to first settled minister right, 162; immunity from, 162; alienation by prevented, 163; rec- ommendation regarding, 326. See also Alienation ; Statutes of limitations Aldrich v. Griffith, 187 n. 35


Alienation, of lease lands, 126; subject to lessee's rights, 124; New Hamp- shire and Vermont doctrines con- trasted, 137, 138; permitted, 151-152; of first settled minister lot, 152-153, 303-304; restriction against, 155; pro- tection from by adverse possession, 163. See also Conveyancing; Trusts Allen, Ethan, 22, 38, 39, 64


Allen, Ira, 50, 64, 67, 68, 70, 76, 278


Andrews, Edward D., 3, 3 n. 5, 284, 284 n. 62, 287, 287 n. 75, 291 n. 91


Areas, unorganized, see Unorganized areas ; Gores


Arms v. Burt, 106, 107, 109, 397


Assessment, Quadrennial, 79; of taxes, law of, 195


Assessments, Quadrennial Abstract of, 5, 60


Assessors, see Listers


Attempted conveyance in fee, 116-118; void, 124


Attorney General, opinion of on tax exemption, 322-324


Bailey, Francis L., 91 n. 54


Baptist Society in Wilton v. Town of Wilton, 18 n. 39, 74 n. 31, 136-137, 259 n. 121


Barre, Town of v. School District, 197 Barrows, Max, 85


Beach v. Haynes, 200


Bean, Reverend Samuel, 305 n. 130


Bennett v. Bennett, 143


Bennington v. Park, 135, 185 n. 26


Benton, R. C., 17 n. 37


Betterments Acts, 69 n. 21, 73 n. 30, 231-232, 365. See also Legislation Bogart, E. L., 288 n. 81, 289


Boothe v. Coventry, 171


Boundary lines, New Hampshire-Ver- mont, 5 n. 6, 21; New Hampshire- Massachusetts, 22, 23, 24, 24 n. 9, 25, 33; New York-Connecticut, 25; New York-Massachusetts, 25; New York- Connecticut-Massachusetts, 25, 33; New York-New Hampshire, 25, 33, 36; agreement between New York and Vermont, 45, 53; town, see Town lines; county, see County, boundary lines


Boyce v. Sumner, 194, 201-202, 210


Bragg v. Newton, 144


Brandon, Town of v. Harvey, 145


Brattleboro Retreat v. Town of Brat- tleboro, 211


Brown v. Derway, 122 n. 100, 125, 163


Brown v. Edson, 156, 166-167


Bryan, Stewart, 85


Burlington, City of v. Mayor of City of Burlington, 144 Burr v. Smith, 202


Bush, George G., 13, 13 n. 20


Bush v. Whitney, 106, 107, 109, 127


Butterfield, Professor A. D., 69 n. 20, 86, 267, 270, 270 n. 12


443


INDEX


Caledonia County Grammar School v. Burt, 108, 111 n. 55, 148-149, 151 n. 226, 181-182, 287, 322


Caledonia County Grammar School v. Kent (1910), 113-114, 119 n. 90, 121 n. 97, 128, 157-158, 163, 168, 184, 196, 198, 273, 275


Caledonia County Grammar School v. Kent (1912), 113, 116-117, 119 n. 90, 121 n. 97, 128, 144-145, 168, 196, 198, 273, 275


Capen's Admr. v. Sheldon, 130-131, 197, 306


Charity, protection of and modification of trust for, 129 ; public, characterized, 132; law of charitable uses explained, 202-203. See also Public, pious and charitable use; Trusts


Charleston, Town of v. Allen, 147


Charters, judicial construction of, 146- 155, 186. See also Town, charters Chipman, Daniel, 102, 102 n. 6


Chipman, Nathaniel, 101 n. 4, 140, 141, 142, 156, 156 n. 243, 179


Chittenden, Thomas, 50, 50 n. 81


Church lands, 62, 91 ; municipal corpora- tions as trustee for, 132, 132 n. 148, 140, 198. See also First settled min- ister land; Gospel lands; Religious Church of England, 74, 217-218. See also Diocese; SPG


Churchill v. Capen, 112, 189 n. 40


Cities, 16, 407; as units of government in Vermont, 57-58; officers of, legis- lation regarding, 238


Clark v. City of Burlington, 210, 328, 328 n. 43


Clarke, L. D., 3, 3 n. 4, 13


Clarke v. Mylkes, 144


Clement, John C., 86


Clement v. Graham, 140


Clerk, town, 83, 86, 87; legislation re- garding, 237-238; in relation to land records, 272; regarding lease land ad- ministration, 295, 296. See also Town Coffrin, C. M., 16 Colchester v. Hill, 283


Colden, Lt. Gov. Cadwalader, 22, 32, 34, 36, 37, 38 n. 43, 39, 40, 41, 42 n. 54, 45, 157


College lands, 3, 3 n. 3, 56, 56 n. 92, 72, 72 n. 29, 75, 91, 132, 148-149, 185, 200, 242; administration of, 86-87, by Uni- versity of Vermont, 266-274; respect- ing durable leases, 108, 119-120; loss of, 127, 165-166; disposition of, 128; legislation regarding, 243-245; atti- tude of court regarding, 274; judicial


construction of charters, regarding, 286 n. 69. See also Administration ; Legislation; University of Vermont Collins, Edward D., 40 n. 50


Colton and More v. City of Montpelier, 211


Commission on Forest Taxation, report of, 11, 11 n. 12, 18 n. 38, 271, 275, 299 n. 107, 316 n. 2, n. 3, 317, 317 n. 8


Commission, Vermont Educational, 302 n. 119, 327 ; report of, 288 n. 79, n. 80, 293-294, 301, 303, 327, regarding con- ditions of town administration, 295- 296; experience of with town officers and town records, 297


Commissioner of Education, 91 n. 54, 302 n. 119


Commissioner of Taxes, 5, 16, 16 n. 34, 58, 59-60, 75 n. 34, 239 n. 35, 310; report of to legislature on tax exemp- tions, 242; information of on lease lands, 313


Common law, attitude of court toward, 101 n. 3, 120; relation to of Vermont legal doctrine, 138-139 ; influence of in Vermont, 138-142; adoption of by leg- islature, 139; effectiveness of in Ver- mont, 182; in relation to Church of England, 217-218; effect of on glebe, 218; legislation regarding, 364


Commuted rent, conveyance of lease lands by, 116-118, 125; attitude of court toward, 114-115; voided, 126, 126 n. 115; by SPG, 275; contem- plated by Diocese, 283; mostly used with respect to forest lands, 317. See also Conveyances ; Trustees


Conant, Edward, 289, 291 n. 89, 309 Condemnation, see Eminent domain


Confiscation, of glebe, 56, 216-220; of SPG land, 56, 120-121, 121 n. 95; leg- islative effort at, 245. See also Glebe ; SPG


Congregational Society of Newport v. Walker, 108, 128 n. 127, 305


Congregational Society of Poultney v. Ashley, et al., 193, 209, 212


Connecticut, boundary with New York, 25; land grants, 26


Construction, judicial, of instruments, 101 n. 3, 121, 141-155; of charters, 120 n. 94, 121, 127, 146-155, 186, 286 n. 69 ; of statutes, 120, 121, 122, 126, 144-146. 159, 173, 186, of statute of 1797 re- garding due settlement of minister, 308, of statutes on taxation, 328; of deeds, 143-144; of wills, 144; of tax exemption privilege, 212


444


VERMONT LEASE LANDS


Contract, obligation of, in relation to lease lands, 108, 109, 111, 113-114, 125, 180-195, 325; in respect to tax exemption, 187; attitude of court toward duties of local officers respect- ing, 189-195 ; regarding effect of taxa- tion, 205-206


Contracts, durable leases enforceable as, 108


Conveyance, of lease lands, 123; of town school lot, 108, by University of Ver- mont, 272; attempted, 115, 116-118; prevented, 121, 124, 131, 165; of first settled minister's lot, 127, 128-129, 130-131; provided for in legislation of 1935 and 1937, 131, 132, 227 n. 3, 243-244; provided for by University of Vermont in legislation of 1925, 227, 243-244. See also Commuted rent ; Trustees ; Trusts


Conveyances, forms of contrasted, 119- 120; when property held by adverse possession, 146; legislation of 1807 re- garding, 163; right of lessor to sell only reversionary interest, 184; by commuted rent of SPG land, 275, 283 Conveyancing, 126-135 ; law of related to administration of lease lands, 87-90; attitude of court toward, 101 n. 3; New Hampshire doctrine regarding public lands contrasted, 126; legisla- tive provisions for recording, 226; of encumbered property prohibited, 226- 227; legislation on, 226-228, 363; cus- toms of, influence of on administration of lease lands, 320. See also Aliena- tion ; Trusts


Coolidge, Guy O., 26 n. 14


Cooney v. Hayes, 118 n. 85


Corinth v. Newbury, 14 n. 27, 149, 155 Cornwall, Ellsworth B., 88


Counties, as units of government in Vermont, 57


County grammar schools, see Grammar schools


County, boundary lines, legislation re- specting, 225, 236, 375; officers, legis- lation respecting, 238; treasurer, re- garding income from town school land, 256, regarding lease lands, legis- lation on, 257 n. 110, 260, duties of, 262, 304, 311


Court, U. S. Supreme, attitude of toward implied tax exemption, 325


Court, Vermont Supreme, attitude of toward, problems of tax exemption, 101, 193, 205, implied tax exemption, 323; law of conveyancing, 101 n. 3;


common law, 101 n. 3, 120; durable leases, 105, 115-116, 125-126; com- muted rent conveyances of lease lands, 114-115; trusts, 117-118, 195-196, 287 ; adverse possession, 146, 158; New Hampshire-New York controversy, 155-157 ; easements, 158-159; acquies- cence, 170-171; irregularities in pro- prietors' doings, 171-172; problems of public policy, 172; eminent domain, 172-173; ejectment actions involving lease lands, 179; obligation of con- tract, 180, 181-187, involving local of- ficers, 189-195; power of the legisla- ture, 185-187; tax legislation, 187, 323, 324, 328; town line problems, 188; listers, 193-195; college right, 274; grammar school right, 295; first settled minister right, 304, 304 n. 124, regarding due settlement of minister, 308; condition of early records of, 101-103; inadequacy of early records of, 106; explanation of doctrine on durable leases by, 110; notice of dura- ble leases by, 122; refusal of to ac- cept conveyance of lease lands in fee, 165; rulings on SPG right not explic- it, 283; notice by of faults of legis- lature, 319 n. 12. See also Judicial


Currier v. Rosebrooks and Town of Brighton, 110


Cutler Co. v. Barber, 143-144


Daggett v. Mendon, 130, 306


Dartmouth College, 75, 75 n. 34, 278, 406; authorization of sale by of hold- ings in Town of Wheelock, 227; leg- islation regarding, 243


Dartmouth College v. Woodward, 133, 134, 182, 183, 184, 186, 220 n. 181 Davis v. Moyles, 61 n. 5, 157


Davis v. Union Meeting House Society, 198


Dawson's Lessee v. Godfrey, 220 n. 181 Deeds, judicial construction of, 143-144 Derrick v. Luddy, 112


Dieter v. Scott, 118 n. 85


Diocese, Episcopal, of Vermont, 77-78, 80, 81, 83 n. 45, 84, 320; property holding status of regularized by legis- lature, 246; administration of SPG lands, 266; largest holder of lease lands, 274; disposition by trustees of income from lease lands, 275-276; SPG right transferred to in 1927, 277; failure of to set up sound land administration after 1927, 277. See also Administration; Glebe; SPG


445


INDEX


Distribution of lease land avails, effect on of town line changes, 149-151 Doolittle v. Linsley, 159


D'Orazio v. Pashby, 171


Doubleday v. Town of Stockbridge, 125, 195


Dow v. Hinesburg, 18 n. 39, 308


Downer's Estate, In re, 196, 201-202, 211, 212


Duane, James, 22, 31, 40, 41, 44 n. 60 Dummer, Fort, 23, 25, 28


Durable leases, 105-126; court's attitude toward consistent, 105; Vermont doc- trine on unique, 105-106, 120-121; perpetual in term, 105 n. 12; con- trasted with other conveyances, 105 n. 14, 118; conveyance in fee voided as violating doctrine of, 106, 107; doctrine of distinguished from com- mon law position, 106-107; basis of Vermont doctrine of, 107; distinction in Vermont doctrine, 107; in relation to college land, 108, 118-122; in re- lation to grammar school land, 108, 111, 113; in relation to SPG land, 109, 120-121; court's explanation of doctrine of, 110; assignability of, 112, 118; in relation to town school land, 112; attitude of court toward, 116-117, 125-126; requirements of, 116-117; in relation to Gospel land, 118; revoca- tion of, 118; notice of by court, 122; upheld by court, 124; contractual rights involved in, 125, 183; New Hampshire and Vermont doctrines on public lands contrasted, 138; prevent claim of prescriptive title, 168; in re- lation to concept of public use, 199; in relation to tax exemption, 204; noticed by U.S. court, 223; relation of legislation to doctrine of, 226; not applicable to first settled minister land, 304; as affected by lumbering practices on forest lands, 317; com- parison of in Georgia and Vermont, 325; viewpoint of Judge Moulton on, 397-399 ; only one judicial dissent on, 397 n. 1; purpose of, 398-399; effects of, 406. See also Conveyancing ; Trus- tees


Easements, court's attitude toward, 158- 159; in relation to statutes of limita- tions, 158-159; problems of regarded as similar to matters of adverse pos- session, 160; in relation to land de- voted to public use, 174-175, 175 n.


320, 200; occurring in violation of doctrine of protection of public lands, 175, 175 n. 320; legislation on, 232- 233, 365


Education, Department of, 5; State Board of, 85, 86; Commissioner of, 91 n. 54, 302 n. 119; State Superin- tendent of, report of (1875), 301, re- port of (1876) on income from gram- mar school lands, 291 n. 88, report of (1880) on lease lands, 289, 293 n. 96, report of (1888) on lease lands, 294


Educational, Vermont Commission, 302 n. 119, 327; report of, 288 n. 79, n. 80, 293-294, 301, 303; on conditions of town administration, 295-296; ex- perience of with town officers and town records, 297


Ejectment, action of, 87 n. 49, 96, 108, 111, 114, 128, 147, 152-153, 164, 165, 169, 179-180, 217, 221, 284; suits of 1770, 21, 25 n. 13, 43-44; involving first settled minister lot, 108-109; Vermont law of, 179; lease lands heavily involved in, 179; actions of for SPG lands, 180; legislation on, 235, 368; trustees of lease lands em- powered to recover by, 235


Eminent domain, power of, 172-177; no Vermont court reports of cases on involving lease lands, 172; law of respecting land already devoted to public use, 173, 199; in relation to easements, 174-175; legislation on, 234-235, 368; in relation to conveyance of lease lands, 322. See also Federal government


Episcopal Church in Vermont, always received benefit of SPG lands, 277. See also Diocese; SPG


Episcopalians, early effort of to secure SPG lands, 278


Equivalent lands, 26, 28-29


Federal government, in relation to lease lands, 58, 91. See also Forest Felton v. Cheltis, 171


First National Bank of Boston V. Harvey, 145


First settled minister land, 2, 3, 18 n. 39, 63, 72, 74, 77, 128 n. 127, 130-131, 166-167, 190, 191, 192, 197, 406; eject- ment action for, 108-109, 147; un- settled, 110; conveyance of, 127, 128-129, 130-131; exclusion from of missionary and apostolic ministers,


446


VERMONT LEASE LANDS


147; disposal of, 148, 153-154; alien- ation of, 152-153, 303-304, 303 n. 123; in relation to adverse possession, 162; relation of selectmen to, 189; in New Hampshire, 219; administration of, 303-309; administrative distinctions of, 303-304; quantity of reserved im- portant, 304; not subject to durable leasing, 304; reasons for present ex- istence of, 304; as inducement to set- tlement, 305; treatment of in town reports, 305; variety of effects of, 305; in relation to tax exemption, 305 n. 127; record of litigation of, 306; issues at law respecting, 306-309; legal problem of ministerial settle- ment, 307, 308-309; legal problem of definition of proper religious group, 307, 308-309 ; effect on of demographic conditions in Vermont, 307-308; ju- dicial construction of statute of 1797 regarding due settlement, 308; re- quirements for due settlement, 308- 309


Legislation on, 260, 262-263, 395-396 ; regarding administration of in un- organized areas. 162; distinctive provisions of, 262; regarding limits of term of leases of, 262; providing for tax exemption, 262; providing for fee in land to go to minister, 262


Fletcher v. Peck, 133, 182, 186


Forest, industries, 55-56; lands, timber cutting on, 114, 119, 130, 159, 166-167, 192, 317, on SPG lots, 121 n. 97, 283, on college lots, 272, in relation to commuted rent


conveyances, 317, lease land system never successful for, 317, administration of, 319, 327; Vermont State, 176; federal, 176-177, 234; Commission on Taxation, re- port of, 217, 275, 299 n. 107, 316 n. 2, n. 3, 317, 317 n. 8; complexity of law of taxation of in Vermont, 317


Forester, State, 69 n. 20, 313. See also State Forester


Forestry service, State, 58, 94-95


Franklin County Grammar School v. Bailey, 111, 111 n. 59, 184, 291


French seigneuries, 26, 26 n. 14, 31 n. 24


Fuller v. Gould, 193


Gardner v. Rogers, 190, 305, 308 Gilkey v. Shepard, 143, 196


Glebe, 2, 10, 10 n. 9, 11, 11 n. 12, 63, 77, 106, 107, 190, 327 ; lack of information on, vii; terminology, vii, 3, 91 n. 54; definition of, 10 n. 10; confiscation of, 19, 56, 216-220, 245; exchanged, 127; in relation to duties of select- men, 189; legal nature of explained, 217-218; right to of Episcopalians, 218; disposition of, 218-219; legis- lation on, 260-262, 263, 395; in town reports, 299 ; example of use of term, 322 n. 15; explanation of term, 405 Gore v. Blanchard, 200


Gores, 2, 15, 15 n. 31, 68, 407 ; govern- mental administration in, 15-16; legis- lation on, 236, 375-376; in relation to reservations of public lands, 362. See also Unorganized areas


Gorham v. Daniels, 101 n. 3, 140


Gospel lands, 3, 18 n. 39, 72, 77, 123, 132, 266; in relation to durable leases, 118; in New Hampshire, 136-137; in relation to duties of selectmen, 189; taxation of, 205; legislation on, 258-260, 394-395, regarding settlement of minister, 258, other terms used in, 258 n. 115, for administration of, 259, regarding distribution of avails, 259, on entitlement to avails, 259-260, for administration of in unorganized areas, 260; in early period clearly a quasi-public function, 258-259; some assumed to be lost, 259; in town re- ports, 299; distribution of avails of, 308 n. 140, 309. See also Municipal corporations ; Religious


Grammar school lands, 3, 56, 56 n. 92, 72, 81-83, 109-110, 111, 111 n. 55, 113-118, 148-149, 162, 163, 181-182, 184, 185, 215-216, 253 n. 98, 258 n. 113; in relation to durable leases, 108, 111; distribution of, 148-149; duties of selectmen respecting, 189, 252; legis- lation on, 227, respecting Lamoille County, 227, respecting Orange County, 227; granted by legislature to common school, 253; modern ad- ministration of provided for, 254; ad- ministration of, 284-295, in relation to developments in secondary educa- tion, 284, original scheme for, 285, initial change in scheme for, 285, quality of questioned, 288, exemplified in records of Orange County Gram- mar School, 288-289, evaluation of financial administration of, 291, crit- icisms of, 292; effects of grants of,


447


INDEX


284; first disposition of by legislature, 285; forms of granting clauses in charters, 285; legislative confusion re- specting intent of charter clauses, 286; vested right in schools, 287; lacking in three counties, 287 n. 77; methods of legislature in granting, 287; as motivation for organization of schools, 287, 292; to go to benefit of high schools when grammar schools disappear, 289; use of by common schools considered perversion of pur- pose of, 289-290 ; diverted upward to college level use, 290; peculiar de- velopment in Addison and Washington County schools, 290-291; evaluation of income from in relation to early level of educational expenditures, 291; report in 1876 of State Superintendent of Education on income from, 291 n. 88; grants of in relation to nomen- clature of schools, 291 n. 90; principal causes of litigation over, 294-295; court's attitude toward, 295


Grammar schools, 77-78, 91 n. 55, 96-97, 240, 273 n. 20, 319 n. 11; Washington County, 59-60 n. 1, 64 n. 9, 82 n. 44, 85, 88; Orange County, 85, 248; in relation to durable leases, 113; re- quired to reserve annual rent in leases, 121; legislation on, 246-254, 386-393; legislative failure to develop policy on, 247 ; legislative record for Orleans County reviewed, 248-252; period of importance of ended, 254; adminis- trative records of Addison County, 266 n. 3; history of as educational institution, 284-285; characteristics of trustees of, 288; disappearance of, 289; sources of income of in relation to lease lands, 291-292


Grand Lodge of Masons v. City of Bur- lington, 213-214


Grand Trunk Railway Co. v. Dyer, 69 n. 21


Grants, land, see Land grants


Green Mountain National Forest, tak- ing of lease lands for, 176-177. See also Eminent domain; Federal gov- ernment ; Forest


Hardwick, Town of v. Wolcott, 211 Harvey, Erwin M., 59-60, 59 n. 1, 64, 75 n. 34, 80 n. 41, n. 42, 88, 91 n. 54, 310


Heaton's Estate, In re, 141-142 Hemenway, Abby M., 15, 15 n. 29


Herrick v. Randolph, 182-183, 187, 193, 204, 205-209, 238, 240, 322, 323, 323 n. 26, n. 27, 324, 325


Hicks, Reverend John A., 281, 281 n. 49, 282 n. 50


Highway Department, State of Ver- mont, 58


Holton v. Hassam, 118, 193


Huden, John C., 289


Huestis v. Manley, 144, 144 n. 196


Hull v. Fuller, 69 n. 21, 146, 170


Huntley v. Houghton, 113


Hyde, George, 305 n. 130


Inalienability of lease lands, 123, 135. See also Conveyancing; Trustees Information, lack of on lease lands, 7-9; in town offices, 5, 6; in state offices, 5


Jacob v. Smead, 156


Jamaica v. Hart, 111, 111 n. 57, 183, 186 n. 31, 193


Johnson v. Barden, 141


Johnson v. Bayley, 156


Jones, Matt B., 12, 14, 16, 17, 17 n. 37, 22, 23, 26, 27, 35, 39, 40 n. 49, 42 n. 52, n. 53, 43 n. 56, 44 n. 60, 46 n. 66, n. 68, 47 n. 69, 65, 65 n. 10, n. 11


Jones v. Vermont Asbestos Corp., et al., 122-124, 126, 127, 131-134, 137 n. 162, 155, 155 n. 239, 184, 189, 189 n. 40, 193, 196, 197, 198, 200, 204, 258 n. 116, 322, 326


Judicial construction, of instruments, 101 n. 3, 121, 141-155; of legislation, 120, 121, 122, 126, 144-146, 159, 173, 186; of charters, 120 n. 94, 121, 127, 146-155, 186, 286 n. 69; of deeds, 143-144; of wills, 144; of tax ex- emption privilege, 212; relation of doctrines to legislation on lease lands, 257-258; of statute of 1797 regarding due settlement of minister, 308; ac- tivities, relation of to administration of lease lands, 309-310. See also Court Jurisdiction, problem of between New Hampshire and New York, 156


Keith v. Day, 87 n. 49, 108, 127-128


Lamoille County grammar school lands, legislation on, 227 Lampson v. New Haven, 107, 109, 397 Land grants, New Hampshire, 10, 11 n. 12, 13-14, 14 n. 26, 29, 29 n. 20, n. 21, 31, 33, 33 n. 28, 34, 35, 35 n. 34, 36, 38, 41-42, 44, 44 n. 60, 45, 60-61,




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.