WILBUR v. UNIVERSITY OF VERMONT

No. 139.

270 A.2d 889 (1970)

Martha C. WILBUR and James B. Wilbur, III v. The UNIVERSITY OF VERMONT and State Agricultural College, Defendants, The United States of America and The Library of Congress Trust Fund Board, Intervenors.

Supreme Court of Vermont, Bennington.

September 10, 1970.


Attorney(s) appearing for the Case

Fitts & Olson, Brattleboro, for plaintiffs.

Black & Plante and George W. Ray, Jr., White River Junction, Latham & Eastman, Burlington, for The University of Vermont and State Agricultural College.

George F. W. Cook, U. S. Atty., for the United States and The Library of Congress Trust Fund Board, intervenors.

Before HOLDEN, C. J., SHANGRAW, SMITH and KEYSER, JJ., and GREGG, District Judge.


HOLDEN, Chief Justice.

The purpose of this action in chancery is to terminate a charitable trust and compel the reversion of its assets to the residuary estate of the deceased donor. The cause comes to this Court for the second time, as an appeal before final judgment. As before, we are asked to reject the appeal for procedural reasons.

When the case was previously here, it was remanded to allow the chancery court...

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