DARTMOUTH SAVINGS BANK v. ESTATE OF SCHOEN

No. 104-70.

276 A.2d 637 (1971)

DARTMOUTH SAVINGS BANK v. ESTATE of Max SCHOEN, by Palmer D. Ainsworth, Administrator d. b. n., c. t. a., et al.

Supreme Court of Vermont, Orange.

April 6, 1971.


Attorney(s) appearing for the Case

Black & Plante, White River Junction, for plaintiff.

Parker, Ainsworth & Richards, Springfield, for defendant.

Before HOLDEN, C. J., BARNEY, SMITH and KEYSER, JJ., and HILL, Superior Judge.


KEYSER, Justice.

The plaintiff, a banking institution in Hanover, New Hampshire, brought its petition in Orange County Court of Chancery to foreclose three mortgages executed in its favor by Lillian S. Andrews, Executrix of the Estate of Max Schoen, late of Thetford, deceased. The property mortgaged was the homestead of said Schoen in Thetford. Max Schoen died testate. By the terms of his will the right to use and occupy the residence was devised to his wife, with...

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