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IN RE VALIQUETTE'S ESTATE

No. 1012-A.

173 A.2d 832 (1961)

ESTATE of William H. VALIQUETTE.

Supreme Court of Vermont. Rutland.

Motion to Clarify Denied September 5, 1961.

Attorney(s) appearing for the Case

Edwin H. Lawrence, Rutland, Colton & Pinkham, New York City, for appellants.

O'Neill, Delany & Valente, Rutland, Edmunds, Austin & Wick, Burlington, Webber, Costello & French, Charles J. Marro, Rutland, and Frank L. Bunting, Brandon, for appellees.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

HULBURD, Chief Justice.

The trustee, George G. Smith, of a trust estate created by the will of William H. Valiquette is seeking a declaratory judgment. In his petition, he alleges that the will of this testator created two trusts, one of which was for the benefit of the testator's niece, Marie Olivette Ditmars (life tenant), providing for payment to her during her lifetime of all "rents, issues and profits" of the trust estate. Upon the death of the life tenant, the...

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