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IN RE ESTATE OF ALLEN

No. 165-69.

272 A.2d 130 (1970)

In re Estate of Dana P. ALLEN.

Supreme Court of Vermont, Windham.

December 1, 1970.

Attorney(s) appearing for the Case

Divoll & Buckley, Bellows Falls, for appellants.

Weber & Fisher, Brattleboro, for appellees.

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

SMITH, Justice.

The question presented by this appeal is, does the Probate Court have the power and authority to determine whether the heirs of a deceased owner of real estate are in possession or entitled to re-enter or maintain an action to recover possession of said real estate, all as conferred by 14 VSA Secs. 1802 and 1803.

A petition was filed in the Probate Court for the District of Marlboro by Lyle W. Bemis and Margaret F. Bemis on September 23, 1968...

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