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AVERY v. BENDER

No. 1071.

126 A.2d 99 (1956)

Albert Gray AVERY v. Emilie B. BENDER; Katharine Avery Hettinger, individually and as Guardian ad litem of the Infant, Thomas Hettinger; Josephine Gray Avery.

Supreme Court of Vermont. Rutland.

October 2, 1956.

Attorney(s) appearing for the Case

Lawrence C. Jones, Rutland, Wayne C. Bosworth, Middlebury, for plaintiff.

Lawrence & O'Brien, Rutland, Robert W. Owens, Jr., New York City, of counsel, for defendants.

Before JEFFORDS, C. J., CLEARY, ADAMS and HULBURD, JJ., and HAROLD C. SYLVESTER, Superior Judge.

ADAMS, Justice.

This is a petition for a declaratory judgment brought to the court of chancery for Rutland County. It involves the construction of certain parts of an inter vivos trust instrument and the rights of the plaintiff and the defendants thereunder. It is here on exceptions of the defendants.

A hearing was had by the chancellor on the petition, amendments thereto, answers, pleadings, agreed statement of certain facts, exhibits and statements of counsel...

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