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KNIGHT v. HESCOCK

No. 157-78.

404 A.2d 107 (1979)

Freda David KNIGHT, Co-Executor of the Estate of Zelma Turner Grant v. Lawrence HESCOCK, Executor of Florida Turner DiBenedetto Estate.

Supreme Court of Vermont.

Dissenting Opinion June 11, 1979.

Motion for Reargument Denied June 21, 1979.

Attorney(s) appearing for the Case

John Morale, Wells River, and Harry A. Black, of Black & Plante, White River Junction (on the brief), for plaintiff.

Weber, Fisher, Perra & Gibson, Brattleboro, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

PER CURIAM.

This was a declaratory judgment action between the estates of deceased sisters over title to land in Grafton. Plaintiff's estate claimed title through a 1950 deed to her from defendant's decedent and her husband. Defendant's estate claimed through a quitclaim deed of the same date back to decedent, not recorded until 1955. This quitclaim was asserted to be a forgery, on the basis of lack of recollection by one attesting witness and the opinion of a handwriting...

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