AVERY v. BENDER

No. 1077.

230 A.2d 786 (1967)

Albert G. AVERY v. Walter G. BENDER, Executor of the Estate of Emilie B. Bender et al.

Supreme Court of Vermont.

June 6, 1967.


Attorney(s) appearing for the Case

Bernard R. Dick, Rutland, for plaintiff.

O'Neill, Delany & Valente, Rutland, with Robert W. Owens, Jr., New York City, of counsel, for defendants.

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


BARNEY, Justice.

As a consequence of an earlier appeal of certain certified questions, this litigation stands determined as an action in rem. Avery v. Bender, 124 Vt. 309, 204 A.2d 314. It was commenced four years ago. It still has not progressed to the point of having responsive pleadings filed in answer to the original petition for declaratory relief. Since the decision in this Court three years ago the death of one of the named...

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