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MILLER v. ROSEBERRY

No. 1137.

144 A.2d 836 (1958)

Grant L. MILLER, III, Administrator of the Estate of Augusta Pierson Kendall, v. Frank ROSEBERRY and Alice Roseberry.

Supreme Court of Vermont. Windham.

September 2, 1958.

Attorney(s) appearing for the Case

Paul N. Olson, Brattleboro, for plaintiff.

John S. Burgess, Brattleboro, for defendants.

Before CLEARY, C. J., and ADAMS, HULBURD, HOLDEN and SHANGRAW, JJ.

HOLDEN, Justice.

This proceeding in equity was instituted by the administrator of the estate of Augusta Pierson Kendall. The complaint charges fraud and undue influence and seeks to defeat the interest of the defendant Alice Roseberry in a bank account established in the joint names of this defendant and the plaintiff's intestate. The defendants requested the plaintiff to specify the time, place and manner of the claimed fraud and undue influence. Upon the failure...

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